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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Defendant is the reconstruction improvement project association which completed the registration of incorporation on October 14, 201, with the approval of establishment on October 13, 201 for the purpose of newly constructing multi-family housing on the ground by designating the Dong-gu Seoul Special Metropolitan City 16,151.7 square meters (hereinafter “instant improvement zone”) as the project site in Ansan-si.
B. The Plaintiff is the owner of each of the following real estate (hereinafter “each of the instant real estate”) included in the instant rearrangement zone:
D D E
C. On August 13, 2015, the Defendant filed a lawsuit against the Plaintiff seeking the registration of ownership transfer pursuant to Article 48(3) of the former Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act on the Ownership and Management of Aggregate Buildings”) on the grounds that the Plaintiff did not reply to the establishment of an association within two months after having been urged the Defendant to reply to whether the establishment of an association was consented. The Defendant was deemed to have not consented to the establishment of an association pursuant to Article 48(3) of the former Act on the Ownership and Management of Aggregate Buildings (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act”), Article 39 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act”), a copy of the complaint exercising the right to sell real estate pursuant to Article 48 of the Aggregate Buildings Act delivered to the Plaintiff on November 21, 2012>
(hereinafter “instant judgment”) D.
On October 12, 2015, F, a person entitled to request for sale, obtained consent to dissolution of a part of the owners of a plot of land, such as obtaining a written consent from the Plaintiff for dissolution of the Defendant Union, and obtained January 29, 2016.