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(영문) 대전지방법원 2019.01.24 2018나107099
소유권이전등기
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. Under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), rearrangement projects to improve residential environments in areas where multi-family housing constituting old and inferior buildings are concentrated, such as roads, water supply and drainage systems, parks, and public parking lots, are implemented in the order described below:

B. As to this part of the judgment of the court of first instance, the reasoning of this court is identical to that of the “1. Basic Facts” No. 2 through 5, and thus, this part is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(c) however, in the second sentence of the above judgment, the entry “The proportional ratio is from 84% to 94.02%” shall be deleted;

In the project implementation plan of this case, the phrase "in accordance with the project implementation plan of this case, the method of calculating the shares of commercial union members is the method of calculating the shares (hereinafter referred to as "the method of shares") according to the proportional ratio." The phrase "in accordance with the project implementation plan of this case, the calculation method of shares of commercial union members is the proportional ratio ratio: (total revenue of a site and building after the completion of the project - total project cost) / the total amount of the previous land and building (refer to the evidence No. 11 and No. 2 of the evidence No. 11) / the estimated amount of shares for each person subject to sale - (refer to the previous "the method of shares" = the estimated amount of shares for each person subject to sale - (refer to the evidence No. 11 of the previous land and building price of each person subject to sale 】 (refer to the evidence No. 2 of the judgment of the court of first instance prior to the amendment of the former Act No. 1601, Jul. 16, 2017>

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