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(영문) 서울동부지방법원 2014.11.13 2013가단62774

소유권이전등기 등

Text

1. The Defendant: KRW 435,00 for each of the Plaintiff A, Plaintiff B, C, and D respectively, and KRW 1,743,00 for the Plaintiff E, F, and G, respectively.

Reasons

1. Facts of recognition;

A. The plaintiffs, the defendant, I, and J have damaged six households located on the ground of Songpa-gu Seoul, Songpa-gu, Seoul, and form a reconstruction association (hereinafter "the reconstruction association of this case") to newly build the apartment houses of seven generations, elected L (the defendant's attorney in this case) as the representative of the association. On August 21, 2007, the owner of the building was as I and nine members, and was permitted to newly build the apartment houses of the above seven households.

B. Among the 6 households of the above multi-household housing, one household was co-owned by I, D, C, and B4, and the other household was co-owned by the defendant and J 2. On May 10, 2007, L, the representative of each household, the plaintiff A, E, F, G, the defendant, I, and the association, the representative of each household, awarded a contract for the said new multi-household housing construction (hereinafter "the instant construction") to N who operated MM construction, and MM was sub-subcontracted to the non-party OS Integrated Construction Co., Ltd. (hereinafter "non-party corporation"). < Amended by Presidential Decree No. 20213, Sep. 6, 2007>

C. Meanwhile, following the completion of the instant construction work, the Plaintiffs, the Defendants, I, and J drafted a written consent to the appointment of a representative (Evidence 9) with the content that, on March 1, 2008, Plaintiff A and E were selected as joint representatives of households, and that, upon obtaining the consent of the majority of the heads of households, said representatives would be entitled to legitimate power of representation (Evidence 9) to carry out all the affairs necessary for the instant reconstruction.

On March 6, 2008, in relation to the payment of the instant construction cost, the Plaintiffs, the Defendants, MA, and non-party companies agreed to sell 501 units among multi-households newly built by the said 7 generations (hereinafter “multi-households”) to a third party and pay the price as part of the said construction cost.

E. Of the instant multi-household housing on March 17, 2008, 201 among the instant multi-household housing, Plaintiff A and Plaintiff D, C, B, 301, Defendant and J, 302, Plaintiff E, Plaintiff F, 401, and Plaintiff F, and Plaintiff 402.