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(영문) 서울동부지방법원 2016.01.08 2013가합4751

소유권이전등기 등

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1. All of the counterclaim claims filed by the Defendant (Counterclaim Plaintiff, the appointed party) B, and the Defendant (Counterclaim Plaintiff) C are dismissed.

2...

Reasons

Basic Facts

The Plaintiff is a housing reconstruction project partnership established to implement housing reconstruction project (hereinafter “instant reconstruction project”) in a housing complex (hereinafter “instant apartment”) comprised of H, I, I, 134 apartment units (6,600 units), and one commercial building (324 stores) on both the ground of the real estate listed in the attached table Nos. 1 and 2 of the list of real estate (hereinafter “instant real estate”) of the attached table Nos. 1 and 1, 1,10 apartment units (hereinafter “instant apartment units”).

Defendant B, C, Selected D, and E (hereinafter “Defendant et al.”) share of each real estate listed in the separate sheet of real estate in the improvement zone for the reconstruction project of this case (hereinafter “each real estate of this case”; real estate listed in paragraph (3) of the attached sheet of real estate in the attached sheet of real estate; real estate listed in paragraph (4) of the attached sheet of real estate in the attached sheet of real estate; “real estate of this case”; “real estate of this case 112”; and the above two commercial buildings together referred to as “each of the above commercial buildings of this case”) as stated in the separate sheet of cash settlement.

On July 13, 2002, a sectional owner of the apartment complex of this case, the establishment and reconstruction resolution, constituted a committee for the promotion of settlement shares in lieu of the management body meeting under the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the "Aggregate Buildings Act"), and on May 24, 2003, at the inaugural general meeting of the Plaintiff Union on May 24, 2003, 4,280 of all sectional owners, from among the 6,802 members of the Plaintiff Union, held the inaugural general meeting of the reconstruction association among the submission of a written resolution in lieu of the actual attendance or the attendance, held the inaugural general meeting in lieu of the attendance. A resolution for approval of the regulations of the association, a resolution for the method of business, a resolution for the appointment of the president of the association, and a resolution for the selection of the contractor.

The plaintiff is from the head of Songpa-gu Seoul Metropolitan Government (hereinafter referred to as the "head of Songpa-gu") on June 12, 2003.