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(영문) 서울동부지방법원 2019.08.29 2016가합104447
소유권이전등기
Text

1. The Defendants are each corresponding money indicated in the “amount paid” column in the separate sheet from the Plaintiff.

Reasons

1. Basic facts

A. In accordance with Article 16 of 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”) to implement reconstruction projects on a scale of 23,266.40 square meters in Gangdong-gu Seoul Metropolitan Government, Gangdong-gu, the Plaintiff is a reconstruction improvement project association that completed the establishment registration on January 25, 2016 after obtaining authorization for establishment from the head of Gangdong-gu Seoul Metropolitan Government on January 21, 2016.

The Defendants are owners of each real estate listed in the separate sheet in the said rearrangement project zone (hereinafter referred to as “second real estate”) according to the sequences when individual real estate is distributed.

(The real estate owned by each defendant shall be the same as the attached Form No. 1. B.

On March 7, 2016, pursuant to Article 39 of the former Act on the Maintenance and Improvement of Urban Areas and Article 48 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Aggregate Buildings Act”), the Plaintiff urged the Defendants to reply within two months as to whether they will participate in the reconstruction. If they do not reply within two months, the Plaintiff responded to the purport that they will not participate in the reconstruction, and sent a peremptory notice to the effect that they will exercise the right to demand sale in accordance with the relevant Acts and subordinate statutes.

C. Defendants B, C, G, and H were served on March 8, 2016; Defendant D, F, and I on March 9, 2016; Defendant E on March 10, 2016; and Defendant E on March 10, 2016, but did not answer all two months.

On June 2, 2016, the Plaintiff filed the instant lawsuit against the Defendants under the former Act on the Maintenance of Urban Areas and the Act on the Ownership and Management of Aggregate Buildings, and the duplicate of the instant complaint was served on the Defendants on each corresponding date stated in the “the date on which the sales contract is concluded” in the attached Form No. 1.

[Ground of recognition] Defendant G, H, and I: The remaining Defendants deemed confessions: The absence of dispute, each entry in Gap evidence 1 through 5 (including virtual numbers; hereinafter the same shall apply), and the purport of the whole pleadings

2. Determination

A. According to the above facts, the Plaintiff’s establishment of a sales contract is based on the following facts.

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