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(영문) 대구지방법원 2015.02.05 2014가합205151
소유권이전등기
Text

1. As to the Plaintiff, Defendant B’s real estate indicated in the separate sheet Nos. 1 and 2, Defendant C is indicated in the separate sheet Nos. 3 and 3.

Reasons

1. Basic facts

A. The Plaintiff is a housing reconstruction and rearrangement project association established for the purpose of housing reconstruction and rearrangement project (hereinafter “instant rearrangement project”) that removes housing units, etc. built on a housing reconstruction improvement zone A with a size of 28,333.60 square meters located on the Daegu Dong-gu Seoul Special Metropolitan City D (hereinafter “instant rearrangement zone”) and constructs a new apartment on the land. The Defendants are the owners of the real estate indicated in the attached list in the instant rearrangement zone (hereinafter “each of the instant real estate”).

B. On December 11, 2006, the Daegu Metropolitan City Mayor and the Daegu Metropolitan City Mayor approved the establishment of the rearrangement zone designated the rearrangement zone A as the rearrangement zone A, and the head of Daegu Metropolitan City and the head of the Daegu Metropolitan City were authorized to establish an association with the Plaintiff on August 23, 2007.

C. On June 22, 2009, the Daegu Metropolitan City Mayor publicly notified the change of the rearrangement zone and the project implementation (the change). The area of the rearrangement zone in this case was changed from 29,571.48 square meters to 28,33.60 square meters, and the head of the Daegu Metropolitan City Dong-gu was publicly notified on June 25, 2009, and the project implementation authorization was approved on March 11, 2014.

On November 2013, Defendant C gave consent to the establishment of the Defendants and the change of the establishment of the Plaintiff, and Defendant B submitted written consent to the establishment of the Plaintiff on April 9, 2014.

The head of Daegu Metropolitan City Dong Office issued a disposition to approve the establishment of the association for the plaintiff.

E. On September 24, 2014, the head of Daegu Metropolitan City Dong-gu notified the management and disposal plan of the instant rearrangement project.

F. The Plaintiff’s articles of association (hereinafter “instant articles of association”) stipulate the following with respect to the union members’ duty of investment in kind.

Article 5 (Method of Execution) (1) Members shall invest in kind land and buildings owned by them in a cooperative.

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