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(영문) 의정부지방법원고양지원 2016.03.23 2014가단15418

조합설립대금

Text

1. The Defendants: (a) from July 27, 2013 to July 27, 2013 to the Plaintiff each of KRW 762,765; and (b) Defendant C on November 30, 2014 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendants are the sectional owners of “G” on the land outside the F of the Gyeyang-gu Gyeyang-gu, Yangyang-gu.

B. Some of the Plaintiff and G sectional owners decided to establish an association for a reconstruction project, and decided to organize a promotion committee for establishing an association with 16 members, including the Plaintiff as its chairperson, H as auditor, and I as auditor.

Accordingly, the plaintiff et al. stated the name of the promotion committee (the "G Housing Reconstruction Improvement Project Promotion Committee"; hereinafter "the promotion committee of this case"), the chairperson, members, duties, and operational regulations in the "written consent to the establishment of the promotion committee of the promotion committee of the maintenance and improvement project" in the form prescribed by Article 6 (2) of the Enforcement Rule of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents.

C. The operational rules of the instant promotion committee provide as follows:

Article 13 (Rights and Duties of Owners of Land, etc.) (1) The owners of land, etc. shall have the following rights and duties:

Provided, That the provisions of subparagraphs 3 through 5 shall be limited to those who consent to the composition of the promotion committee.

4. Responsibility to pay operating expenses and late payment charges of the promotion committee.

D. On July 1, 201, the Yangyang market approved the establishment of the instant promotion committee.

E. While operating the instant promotion committee, the Plaintiff spent KRW 80,853,140 as its expenses from August 2009 to October 201.

F. The instant promotion committee held an inaugural general meeting for the establishment of the association, but rejected the establishment of the association, and was dissolved around February 2012 upon the report of dissolution by a majority of sectional owners.

[Ground of recognition] Defendant B, C, and E: Statement Nos. 1 to 425, fact-finding results on the high-quality markets of this court, Defendant D: Confession of confession (Article 150 of the Civil Procedure Act)

2. Establishment of associations and promotion committee under Article 13 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (Amended by Act No. 10599, Apr. 14, 201).