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(영문) 서울중앙지방법원 2019.05.15 2018가합567032

소유권말소등기

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1. The part of the instant lawsuit is dismissed in its entirety as a member of the IF.

2. Defendant H is against the Plaintiffs.

Reasons

1. Facts of recognition;

A. 1) The Plaintiffs were divided into each of the real estate listed in the separate sheet No. 1 on February 8, 1999.

"The land of this case" is referred to as "the land of this case" before and after division.

2) On November 20, 1989, the co-owners of the instant land, including the Plaintiffs, were co-owners who own some of the shares in the instant land, and 33 co-owners, including the Plaintiffs, shall hold an inaugural general meeting of landowners for the purpose of constructing, selling, or running joint business the buildings listed in the attached Form 2 (hereinafter “instant building”) on the instant land and became members of the instant association.

3) On December 30, 1989, 33 co-owners obtained a building permit for the instant building. 4) On March 30, 1991, the said 33 co-owners passed the general meeting of the Assembly and changed the name of the association into the “L association” (M association “M association” on December 9, 1997). The above co-owners changed the name to the “L association” (hereinafter collectively referred to as “I association”). The main contents of the agreement are as follows.

(1) The name shall be referred to as the “K Building” commercial partnership, and the location of the office shall be located in the fourth o-class N in Changwon-si P (Article 1 and 2). (2) The purpose business is to jointly purchase the land of this case and to jointly build, sell, or operate the commercial building by constructing, selling, or sharing the commercial building.

(3) Partnership institutions shall have general meetings and board of directors.

A general meeting shall be comprised of members and shall pass a resolution with the approval of at least half of the share in the land in this case and with the approval of at least 2/5 of the number of the members, in principle, on the basic important matters of the cooperative, such as the enactment of bylaws, amendment of business plans, approval of business plans, deliberation of budget and settlement of accounts, election of executives, sale of commercial buildings

(Article 15 through 20). The Board of Directors shall be composed of the president and directors of the Association, and shall resolve matters concerning the execution of resolutions or delegated matters at the Assembly, and shall be present at the majority of the registered directors.