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(영문) 서울동부지방법원 2014.11.13 2012가단56307
소유권이전등기
Text

1. The Defendants are to the Plaintiff:

(a) On November 5, 2012, 1/2 of the real estate listed in the separate sheet No. 1 list is as follows.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing reconstruction and improvement project association established under the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 11293, Feb. 1, 2012; hereinafter “former Act”), and completed the registration of incorporation on May 7, 2010 (hereinafter “the above disposition of approval for establishment of the head of Gangdong-gu’s head of Gangdong-gu”) with the approval of establishment granted by the head of Gangdong-gu Seoul Metropolitan Government (hereinafter “the head of Gangdong-gu”) for the purpose of promoting a housing reconstruction and improvement project for multi-family housing and ancillary facilities (hereinafter “instant reconstruction project”), and obtained the authorization of establishment from the head of Gangdong-gu Office on September 12, 2011 after holding an ordinary meeting to determine the articles of incorporation of the association.

(hereinafter the above disposition to approve the establishment of the association of this case (hereinafter referred to as the "disposition to approve the establishment of the association of this case").

The Defendants were co-owners holding 1/2 of the shares in the attached Table 1 list (hereinafter “instant real estate”) located within the site for the instant reconstruction project, and did not agree to the instant reconstruction project, even if they were to join the reconstruction association.

C. On June 14, 2012, after the issuance of the instant disposition to approve the establishment of the association, the Plaintiff notified the Defendants in writing as to whether they agree to establish the association, and the said peremptory notice reached the Defendants around June 18, 2012, but the Defendants did not respond to the above peremptory notice until the lapse of two months.

On October 7, 2012, the Plaintiff filed the instant lawsuit against the Defendants claiming the sale of the instant real estate owned by the Defendants under Article 39 of the former Urban Improvement Act. The duplicate of the instant complaint was served on the Defendants on November 5, 2012.

E. The current market price as of November 5, 2012 is 271,00.

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