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(영문) 부산지방법원 2014.12.11 2013가합4862
소유권이전등기
Text

1. The Defendants are paid KRW 255,419,015 from the Plaintiff, and each of them is listed in the separate sheet to the Plaintiff.

Reasons

1. Basic facts

A. (1) The Plaintiff is a housing reconstruction and improvement project association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) established on October 19, 2012 with the authorization of the head of the Busan Metropolitan Government, in order to carry out the housing reconstruction and improvement project (hereinafter “instant reconstruction and improvement project”) within the Busan Metropolitan Government Do Do Do Do Do Do Do Do - (hereinafter “Urban Improvement and Improvement of Urban Areas Act”).

(2) The Defendants own 1/2 shares of each real estate listed in the separate sheet (hereinafter “instant real estate”).

B. (1) On November 13, 2012, the Plaintiff sent to the Defendants a written peremptory notice to reply within two months from the date of receipt of the written peremptory notice regarding whether the Plaintiff consented to the establishment of the Plaintiff’s association. If there is no reply within the said period, the Plaintiff shall be deemed not to participate in the reconstruction and filed a claim for sale of the instant real estate. On November 14, 2012, the Plaintiff returned the instant real estate on the grounds of refusal to receive it by the Defendants, the addressee.

(2) On March 13, 2013, the Plaintiff filed the instant lawsuit with respect to the Defendants, pursuant to Article 39 of the Urban Improvement Act and Article 48 of the Act on Ownership and Management of Condominium Buildings, seeking sale of the instant real estate owned by the Defendants according to the market price.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 6 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff obtained the authorization of establishment from the owners of land or buildings in the instant rebuilding improvement project zone from the head of Busan Metropolitan Government with the consent of the establishment of the association. Although the Defendants, the owners of the instant real estate located in the said project zone, notified the Defendants to seek a reply to whether they consented to the establishment of the Plaintiff’s association, the Defendants did not reply within two months.

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