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(영문) 서울중앙지방법원 2018.05.30 2017가합29694

소유권이전등기말소 등 청구의 소

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. DefendantO regional housing association (hereinafter “DefendantO housing association”) such as the establishment of the regional housing association for the new construction of Qdong apartment (hereinafter “instant housing association”) established by the regional housing association method in order to promote the new construction project of apartment houses (hereinafter “instant project”) on the land of the Guri-si in the attached Table 1, including the real estate indicated in the attached Table 1 “the indication of real estate” (hereinafter “instant project site”), and obtained authorization for the establishment of the association from the Guri-si market on April 17, 2003.

Plaintiff

A, B, C, D, E, F, G, I (as seen earlier, Plaintiff H and the deceased S’s heir at the time of the establishment of Defendant OO Housing Association, except Plaintiff J, hereinafter “the rest of the Plaintiffs”) and network S, around March 2010, wishing to be expanded to Defendant OO Housing Association (hereinafter “Defendant P Housing Association”) by additionally accepting the members of the Defendant OO Housing Association for the purpose of raising funds and smoothly promoting the instant project. A, B, D, E, F, G, and I (hereinafter “Defendant P Housing Association”) and wishing to become new members.

However, on March 20, 2012, the Defendant PP housing association held an inaugural general meeting with 92 members, including the rest of the instant project site as well as those who wish to join the association as members (including the successors to their status) of the existing Defendant PO housing association, including the rest of the instant Plaintiffs and network S., as well as those who wish to join the association additionally, appointed T as the representative of the association, appointed T as the representative of the association, while preparing the articles of association, and did not obtain the authorization for the establishment of the regional housing association from the old market.

Since then, the project of this case continued to be implemented as the project entity.

(b).