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(영문) 인천지방법원 2017.06.21 2016가단218750
소유권이전등기
Text

1. Defendant B received KRW 78,100,000 from the Plaintiff simultaneously with the Plaintiff’s payment:

(a) real estate listed in the annex;

Reasons

1. Facts of recognition;

A. The Plaintiff is a reconstruction association established for the purpose of constructing a new apartment on the land of 16,100.74m2 of Bupyeong-gu Incheon Metropolitan City, and the Plaintiff was publicly notified by the head of Bupyeong-gu Incheon Metropolitan City, of the management and disposal plan for a housing reconstruction project on December 30, 2015.

B. Defendant B owned the Plaintiff’s real estate equivalent to KRW 78,100,000 in the market price within the said housing reconstruction project zone (hereinafter “instant real estate”), and did not apply for parcelling-out by July 19, 2012, which is the final date for application for parcelling-out, and Defendant C occupied the instant real estate.

[Ground of recognition] 1 to 7 evidence A (including paper numbers), the result of the request for market price appraisal by this court, the purport of the whole pleadings

2. According to the above findings of determination, Defendant B is obligated to pay the Plaintiff the liquidation money of KRW 78,100,000,000 to the Plaintiff pursuant to Article 39 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, and to implement the registration procedure for transfer of ownership to the Plaintiff on July 20, 2012, which is the day following the deadline for application for parcelling-out, and to deliver the said real estate to the Plaintiff pursuant to Article 49(6) of the same Act.

3. Thus, the plaintiff's claim against the defendants is justified and all of them are accepted. It is so decided as per Disposition.

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