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(영문) 대구지방법원 2019.06.13 2017나8324
소유권이전등기 등
Text

1. The part of the first instance judgment against the Defendants shall be revoked.

2. The plaintiff's primary claim against the defendants is all satisfied.

Reasons

1. Basic facts

A. The Plaintiff is a housing reconstruction project association established to implement a housing reconstruction improvement project (hereinafter “instant project”) on the scale of 29,95 square meters in Gu-si E in Gu-si, Gu-si.

On July 14, 2012, the Plaintiff held an inaugural general meeting on July 14, 2012, obtained authorization to establish an association from the old U.S. market on September 11, 2012, and completed the establishment registration on November 14, 2012.

B. On July 9, 2015, the Defendants purchased 1/2 shares in the attached Table 1’s real estate list located within the instant project zone (hereinafter “instant apartment”) and completed the registration of ownership transfer by purchasing 1/2 shares in the attached Table 1’s real estate list.

On the other hand, in the apartment of this case, Defendant C was the debtor, and the maximum debt amount of KRW 28,600,000, which shall be the mortgagee, was cancelled on June 4, 2019.

C. On April 5, 2014, the Plaintiff held a general meeting to change the establishment of a partnership and select a contractor, and received notification from the Gu and Si of June 5, 2014 to accept the report of change of the establishment of a partnership on the change of union members. On March 29, 2016, the Plaintiff was notified by the Gu and Si of the acceptance of the report of change of the establishment of a partnership on the change of union members.

On May 3, 2016, the Plaintiff received project implementation authorization from the Gu and Si on the same day, and sent a written peremptory notice to the Defendants within two months as to whether the Defendants agree to the establishment of the association of the reconstruction improvement project pursuant to Article 39 subparagraph 1 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 12116, Dec. 24, 2013; hereinafter “former Act”) and Article 48 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Act”).

Defendant B, May 9, 2016, and Defendant C, May 16, 2016, did not reply to the Plaintiff by the lapse of two months from each service of the above peremptory notice.

E. Since May 27, 2016, the Plaintiff against its members on May 27, 2016, from May 30, 2016 to June 29, 2016.

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