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(영문) 광주지방법원 2019.05.03 2018가합53851
소유권이전등기
Text

1. The Defendants received KRW 2,385,677,280 from the Plaintiff simultaneously with the Plaintiff’s payment of KRW 2,385,67,280:

(a) the annexed list;

Reasons

1. Basic facts

A. According to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Plaintiff is a housing redevelopment and consolidation project association established for housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) whose rearrangement project area covers 96,582 square meters in Seo-gu, Gwangju Metropolitan City.

B. On August 22, 2017, the Plaintiff received an authorization to implement the instant improvement project from the head of the Seo-gu Seoul Metropolitan City, and the authorization to implement the management and disposal plan on January 31, 2018, respectively.

C. The Defendants are owners of 1/2 shares of real estate listed in the separate sheet (hereinafter “each of the instant real estate”) within the instant rearrangement project zone, and agreed to the establishment of the Plaintiff’s association, but the said year from August 29, 2017, the period for application for parcelling-out as notified by the Plaintiff.

9. There was no application for parcelling-out between 29.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. Determination as to the cause of action

A. In principle, a reconstruction association which is a project implementer under the 1st Urban Improvement Act on the formation of a sales contract for each of the instant real estate does not recognize the right to expropriate real estate in a rearrangement zone, and as a matter of principle, a project implementer's right to request sale stipulated in Article 39 of the same Act against a person who is not a member, and cannot be immediately applied to a person subject to cash settlement who is a member who has agreed to establish an association. However, since a person subject to cash settlement loses the status of a person subject to parcelling-out due to reasons such as not applying for parcelling-out and loses the status of a person subject to parcelling-out, and has the status as a person subject to withdrawal from an association, a reconstruction association can file a

Provided, That when the obligation to pay settlement money for a person subject to cash settlement occurs.

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