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(영문) 인천지방법원 2018.08.09 2016가합51886
소유권이전등기
Text

1. The Defendants shall pay the respective money indicated in the corresponding “Dong City Implementation Clause” in the attached Form 1 trading statement from the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s establishment and the Defendants’ establishment of the Plaintiff 1) The Plaintiff is the Seo-gu Incheon Metropolitan Government G G G 15,244.5 square meters (hereinafter “instant improvement zone”).

(A) A apartment reconstruction rearrangement project (hereinafter referred to as “instant rearrangement project”) in A apartment;

In order to enforce the Act, the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 11580, Dec. 18, 2012; hereinafter “former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”) which completed the establishment registration on November 12, 2015 after obtaining authorization from the head of Seo-gu Incheon Metropolitan City head of the Gu on November 11, 2015.

(2) The Defendants were the owners of each real estate listed in the separate list corresponding to the “real estate” in the instant rearrangement zone, and did not express their consent to the establishment of the association at the time the Plaintiff was established.

B. The Plaintiff’s letter of peremptory notice is sent and served 1) The Plaintiff is entitled to Article 39 of the former Act on the Maintenance and Improvement of Urban Areas and the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings

Pursuant to Article 48, on November 23, 2015, a peremptory notice to the effect that the Defendants shall reply to whether to consent to the establishment of an association and shall exercise the right to demand sale if they do not reply within two months (hereinafter “instant peremptory notice”).

(2) Although Defendant B, C, E, and F were served on November 24, 2015, they did not respond to whether they agree to the establishment of the association within two months from the receipt of the instant peremptory notice.

3) Meanwhile, Defendant D was unable to serve the instant written peremptory notice until March 2, 2016, which was the date of filing the instant lawsuit, but did not respond to whether he/she consented to the establishment of the association within two months from the date of being served with the copy of the instant written peremptory notice attached to the instant written peremptory notice on April 15, 2016 (the date of appointing the attorney, who was served with the copy of the instant written peremptory notice attached thereto).

C. The plaintiff.

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