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(영문) 수원고등법원 2020.10.07 2019나19906

조합원부담금 청구

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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendants are the defendants.

Reasons

1. Basic facts

A. The Plaintiff is a housing reconstruction and consolidation project association established under the business area with the AL and AM in Sung-nam City as the business area.

The sectional owners of AR apartment in AL in Sungnam-si, Sungnam-si, constituted a Committee for Promotion of AS Reconstruction Association (hereinafter referred to as the “AS Promotion Committee”) and obtained authorization from the Sungnam-si, on December 24, 2003, and A Q evaluation and maintenance project partnership (hereinafter referred to as the “AP reconstruction and improvement project partnership”) was established for reconstruction of AM apartment, and was authorized from the Sungnam-si market on June 30, 2003.

The defendants are members of the plaintiff's association at present as a member of the AP Cooperative.

B. NN apartment site acceptance and compensation receipt 1) is composed of three residential apartment buildings and 198 households, 3 residential apartment buildings (hereinafter referred to as “N apartment complex”) and one commercial building (hereinafter referred to as “N”). All sectional owners completed the site registration of 5,918 square meters (hereinafter referred to as “N”) of the sectional ownership building in the proportion of the whole area of the sectional ownership to the area of the divided building in Sungnam-si, Manam-si. The Defendants are part of the sectional owners of NN apartment. 2) The portion of the site before the expropriation was incorporated into a road project zone in which Sungnam-si, Sungnam-si, the previous site was divided into a road project site in accordance with the ratio of the entire area of the divided ownership of the building. The previous site was divided into a NA-si, the AP large 174.2 square meters (N building site, hereinafter referred to as “N building site”) and AM large 5,741 square meters (hereinafter referred to as “M apartment site”).

On July 23, 2008, the area of NN shopping district was expropriated in Sungnam City according to the adjudication of the local Land Tribunal of Gyeonggi-do, and Sungnam City deposited the compensation for expropriation according to the ratio of co-ownership by designating the sectional owners as the depositee.

Compensation received by the Defendants is the same as the money indicated in the item, which is the received amount of compensation for land expropriation.

C. The project is to secure the respective school sites between AS and AS Promotion Agreement.