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(영문) 대구지방법원서부지원 2020.09.24 2019가합53017
소유권이전등기
Text

The defendants are based on the trust on January 6, 2015 with respect to each of the pertinent real estate listed in the attached list to the plaintiff.

Reasons

1. Basic facts

A. On January 6, 2015, the Plaintiff completed the establishment registration on January 2015, 201 after obtaining authorization from the head of the Daegu Metropolitan City, the head of the Gu, for the establishment of a housing redevelopment improvement project (hereinafter “instant improvement project”) with the scale of 76,424.8 square meters in Seo-gu, Daegu as a project implementation district (hereinafter “instant project implementation district”).

Article 5 (Implementation Method) (1) Members shall invest in kind the land and buildings owned by them in a cooperative, and a cooperative shall build and supply multi-family housing and ancillary and welfare facilities in accordance with the management and disposal plan authorized under Article 48 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to

Article 9 (Qualification, etc. for Cooperative Members) (1) Members shall be the owners of land or buildings within the project implementation district or persons with superficies thereof (hereinafter referred to as "owners of land, etc.").

Article 10 (Rights and Duties of Members) (1) Members shall have the following rights and duties:

7. The duty to remove and move according to the project implementation plan; 12. Other relevant Acts and subordinate statutes, its articles of association, its articles of association, its general meeting, etc.; Article 11 (Loss of Members' Qualifications) (2) An applicant for parcelling-out shall lose the qualification for an association member.

Article 44 (Trust of Real Estate) (1) In order to smoothly promote redevelopment projects, partners shall complete the registration of trust in accordance with the Trust Act for the land or buildings in the project implementation district, which are owned by the partners within the period set by the partnership, and if the partnership fails to perform the registration of trust within the period set by the partnership, the partnership may file a lawsuit to perform the registration of trust.

In such cases, all expenses incurred in a lawsuit shall be borne by interested parties.

Article 46 (Application for Parcelling-Out, etc.) (1) The period for application for parcelling-out under Article 45 (4) shall be between 30 and 60 days from the date of notification thereof.

However, there is no problem in formulating a management and disposal plan.

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