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(영문) 부산지방법원 2020.02.19 2019나42358

청구이의

Text

1. The judgment of the court of first instance is modified as follows.

Busan District Court Order on November 10, 2016 to the plaintiff of defendant E.

Reasons

1. Basic facts

A. The Plaintiff is a reconstruction association established for the reconstruction project of A Apartment.

(2) The Defendants are the owners of A apartment commercial buildings and are the members of the Plaintiff Union.

B. (1) The Plaintiff initially announced the period of application for parcelling-out for parcelling-out in the rebuilding commercial building from November 13, 2003 to November 16, 2003. However, some of the members of the commercial building including the Defendants, including the Defendants, filed a lawsuit seeking confirmation of invalidity against the Plaintiff on the ground that the resolution of the general meeting of disposition of disposition of the commercial building management on August 24, 2006 by the Plaintiff, who re- adjusted the size of parcelling-out, the area of parcelling-out, the area of parcelling-out, and the floor, are invalid.

(2) On May 27, 2010, the Supreme Court finally rendered a judgment that seek confirmation of invalidation is unlawful (Supreme Court Decision 2008Da53430).

(3) On July 23, 2010, the Plaintiff re-announces the period for application for parcelling-out of reconstruction shopping districts by the end of August 6, 2010. The Defendants did not apply for parcelling-out.

C. On January 23, 2014, the Plaintiff and the Defendants’ instant agreement and sales (1) of commercial buildings pursuant thereto, the Plaintiff, among the members ( nine members) who did not make an application for parcelling-out final on January 23, 2014, drafted the following agreements on the payment of liquidation money (Evidence A 3; hereinafter “instant agreement”).

(2) In the instant agreement, 16 commercial buildings in the shares of members of the I commercial building members of the I commercial building in Busan Eastdong-gu, Busan Metropolitan City (Ldong T, M, N,O, U, V, Qdong W-W-X, Qdong W-X, Y, Zho, AA) (hereinafter “instant commercial building”).

In selling, the principle of majority shall apply to the reconstruction association's articles of association, and as the present committee for the management of commercial buildings has seized and auction has been conducted, the association shall sell and reduce any damage and at its own market price, and the unpaid management fees and relocation expenses shall be incurred.