조합원 명의 변경절차 이행
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is the mother of Defendant B, and Defendant C is the wife of Defendant B, and Defendant D is the child of Defendant B.
B. The Plaintiff purchased and owned E Apartment G located in Songpa-gu Seoul Metropolitan Government F, and became a member of the E Apartment Housing Reconstruction and Improvement Project Association (hereinafter “instant association”) as the reconstruction of the said apartment was implemented, and thereafter, sold H apartment I newly built from the instant association.
C. On November 1, 2017, the Plaintiff entered into a gift agreement with the Defendants on the terms that the Plaintiff donated 85/200 shares out of the shares of the instant association members, 85/200 shares out of the shares of the instant association members to Defendant C, and 30/200 shares out of the shares of the instant association members to Defendant D (hereinafter “instant gift agreement”). On November 14, 2017, the change in the name of the association members was completed.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 5, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff asserted that the Plaintiff owned a multi-household house other than the reconstruction apartment, but Defendant B said that, around November 2017, if the Plaintiff owned a multi-household house until the reconstruction apartment is newly constructed, it would not be subject to heavy taxation, so if the Plaintiff transferred the ownership of the newly built apartment to himself/herself, it would be disposed of according to the purport of the Plaintiff after moving in.
Accordingly, upon completion of a reconstruction apartment, the Plaintiff registered in the name of Defendant B, and resided in the name of Defendant B for a period of at least one year, and then changed the name of the instant member to Defendant B under the conditions of disposal (lease or sale) (hereinafter “instant burden”).
However, as the occupancy time of the new apartment of this case becomes complicated, the Plaintiff made a document to clarify the implementation of the above-paid donation agreement with Defendant B, and Defendant B also made the instant document.