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(영문) 서울고등법원 2016.04.15 2015나2040690

손해배상(기)

Text

1.The judgment of the first instance court, including a claim that has been reduced and expanded in the trial, shall be modified as follows:

The defendant.

Reasons

1. Basic facts

A. The defendant is a reconstruction association established pursuant to the former Housing Construction Promotion Act for the purpose of rebuilding the K apartment constructed on the land outside Gangnam-gu Seoul Metropolitan L and two lots (hereinafter "the apartment of this case"). The plaintiffs are sectional owners of the old apartment of this case.

B. The plaintiffs' application for parcelling-out and the defendant's drawing [Criteria for Management and Disposal Disposition Plan] Article 4 (Criteria for Management and Disposal of Apartment Partners)

1. The size of previous assets owned shall be based on the size by sectional ownership as of the date of approval of project plans;

2. The right of an apartment cooperative member shall be based on the area of the share of a site by grade, and the difference in the share of a site between the same grade-type cooperative members shall be determined by dividing the aggregate of shares of the site of the relevant grade-type cooperative members by the total number of households, and the area of the site shall

3. The appraisal of previous assets shall determine the price of rights based on the area of housing site shares in each square.

4. The previous site area owned by the association members, which serves as the basis for the management and disposal plan, shall be the following size pursuant to subparagraph 1, even if there is a little error.

Section 6,686.14 (2,02.54 square) 2,739.73 (828.76 square) 751.70 (227.39 square) 3,260.64 (986.34 square) 2,963.92 (896.58 square) 16,402.13 (4,961.61 square) 110 households 40 households 110 households 40 households 230 housing site size of 60.78 (18.39 square) 68.49 (2, 208.74 square) 2,75.74 (2,986.34 square) 2,964 square) 2,963.92 (89.61 square) 2,968.16.68 (2, 298.68)

1. The basis for calculation for the sale price of an apartment unit 2) the partner of the association: The basis for calculation for the sale price shall be based on an appraisal calculated by two appraisal corporations with consideration of the market price in the vicinity of the business feasibility of the association subject to regional location conditions;

1. The following criteria shall apply to multi-family housing for sale to one member:

It is new on the basis of the equity in land of the member.