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(영문) 서울서부지방법원 2019.04.05 2018가단215803

소유권보존등기말소등기 등

Text

1. The Plaintiff:

A. Defendant B Co., Ltd. shall be 1.2 of the real estate listed in the annexed list Nos. 1, 3, 4, and 6 of the real estate list.

Reasons

1. Basic facts

A. The Plaintiff is an association authorized to be established on July 27, 200 under the former Housing Construction Promotion Act in order to remove the Audio Housing in Seodaemun-gu Seoul and D and to implement the business of rebuilding apartment units (16 households in units in units, 18 households in units in general, hereinafter “instant apartment units”) on its ground (hereinafter “the instant reconstruction business”).

B. The contents of the Plaintiff’s articles of association (hereinafter “Articles of association”) prepared at the time of the establishment are as follows.

Article 5 (Method of Implementation) (1) Investment in kind the land owned by the association members in the project implementation district and build incidental units, such as multi-family housing and commercial buildings, by designating a housing construction business operator under the Housing Construction Promotion Act as a contractor.

In such cases, the housing constructor of the reconstruction association shall be the joint principal body.

(2) The association or implementer shall procure construction expenses, incidental expenses, etc. necessary for implementing the projects pursuant to a separate agreement.

Article 8 (Qualification for Membership) (1) The person who has completed the registration of apartment buildings (including attached sites), river sites, and house ownership in the project zone that the association implements, and the member shall be the person who has consented to reconstruction.

(b) Article 10 (Rights and Obligations of Members) (1) Members shall have the following rights and obligations:

1. Right to request sale of buildings, etc. prescribed by a management and disposal plan;

5. Responsibility for the payment of dues and liquidation money;

6. To comply with the matters to be resolved by the relevant Acts and subordinate statutes, regulations, rules, and general meetings, Article 35 (Real Estate Trusts) (1) In order to protect the rights of mutual association members and to smoothly promote a reconstruction project, the real estate owned by the members of the reconstruction district may be registered

(2) A cooperative shall exercise the property right entrusted to the relevant cooperative in compliance with the purpose of a rebuilding project implementation, and when a reconstruction project is completed, it shall cancel the trust immediately.