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(영문) 서울남부지방법원 2011.10.13 2010가합9734

청산금

Text

1. The Defendant: 497,702,860 won to Plaintiff A; 253,942,730 won to Plaintiff B; 92,548,520 won to Plaintiff C; and 92.

Reasons

1. Determination as to the cause of claim

A. In order to remove the worn-out building of the “F market”, which is a conventional market located in Yangcheon-gu Seoul Metropolitan Government (hereinafter “instant real estate”) and build a new main complex building, the Defendant obtained authorization for the establishment of a market reconstruction association from the Yangcheon-gu Office on January 10, 200, and obtained authorization for the establishment of a market reconstruction association from the head of Yangcheon-gu Office on January 26, 2006 pursuant to Article 22 of the Enforcement Decree of the Special Act on the Development of Traditional Markets and Article 16(2) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents.

B. The Plaintiffs asserted that the Defendant owned the real estate indicated below, among the instant real estate, that the Plaintiff did not sell the real estate owned by the Plaintiff to H, I, and J, but as long as the ownership on the registry remains as the Plaintiff remains as A, the said Plaintiff shall be deemed the owner.

On August 30, 2008, the defendant decided on the management and disposition plan that excluded the plaintiffs from the object of sale through the general meeting of the association members and included them in the object of cash settlement. Based on this, on October 8, 2008, the defendant applied for the approval of the management and disposition plan to the head of Yangcheon-gu on the basis of this decision and obtained the approval on December 18, 2008.

C. The market price of each of the instant real estate owned by the Plaintiffs is as follows as of December 18, 2008, which was the date of the approval of the management and disposal plan on August 30, 2008.

Plaintiff

A 13,198,912,406.10 6.10/233.232, 16.10/233.291,07, 7016.10/233.2910/233.293.291,07, 7001. 633.291,07, 9.92/2333.233.2946.36, 317, 440, 316.31, 32, 3239.42, 42, 329, 442, 239.44, 253, 293, 246.2, 293, 249, 254, 294, 3294, 412, 233333,244, 294, 2947.3653