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(영문) 대전지방법원 2020.01.15 2018가합103970
소유권이전등기
Text

1. The Defendant received KRW 1,685,998,785 from the Plaintiff at the same time, and simultaneously received from the Plaintiff:

(a)each entry in the separate sheet;

Reasons

1. Basic facts

A. 1) The Plaintiff is a project implementation district (hereinafter “instant project district”) with a site of 36,096 square meters in Jung-gu, Daejeon Special Metropolitan City, Daejeon Special Metropolitan City(hereinafter “Seoul Special Metropolitan City”).

(2) A housing reconstruction project (hereinafter referred to as “instant reconstruction project”) to remove structures on the ground and build apartment houses and ancillary facilities;

In order to promote the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act on the Maintenance and Improvement of Urban Areas”)

(2) The Defendant is the owner of each real estate in the separate sheet in the instant project zone (hereinafter “each of the instant real estate”).

B. The Plaintiff’s promotion committee following the establishment of the Plaintiff held an inaugural general meeting with the members of the real estate owners in the instant project zone who agreed to establish the association, and completed the registration of incorporation on the same day with the authorization from the head of the Daejeon Metropolitan City on November 2, 2017.

C. On February 5, 2018, the Plaintiff sent a peremptory notice to the Defendant to the effect that, in order to implement the instant reconstruction project, the Plaintiff would give a definite answer as to whether the Plaintiff consented to the establishment of the reconstruction association, and in the absence of reply within two months, the Plaintiff would exercise the right to demand sale under the former Act.

Although the Defendant received the above peremptory notice on February 8, 2018, the Defendant did not answer any question. D.

Article 39 (Request for Sale) of the former Urban Improvement Act may, when implementing a housing reconstruction project or a block-unit housing rearrangement project, request the sale of the land or buildings of any of the following persons by applying mutatis mutandis Article 48 of the Act on Ownership and Management of Condominium Buildings. In such cases, the rebuilding resolution shall be subject to the consent to the establishment of the association (in cases falling under subparagraph 3:

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