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(영문) 서울동부지방법원 2013.12.03 2013가합101881

정산금

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. U apartment reconstruction and rearrangement project association (hereinafter “instant apartment association”) is a reconstruction association which obtained authorization for establishment from the head of Songpa-gu Seoul Metropolitan Government on January 19, 2001 for the purpose of implementing a reconstruction project on the ground apartment and commercial building on the land outside U of Songpa-gu Seoul Metropolitan Government and four lots (hereinafter “instant reconstruction project”).

B. The plaintiff is an unincorporated association consisting of the members of the comprehensive virtual family in order to reconstruct A’s comprehensive virtual family (hereinafter “comprehensive virtual family”) located within the instant reconstruction project zone, and the defendant A’s Division for the Reconstruction of A’s Separate Living Family (hereinafter “Defendant A’s Division”) located within the instant reconstruction project zone is an unincorporated association consisting of the members of the divided virtual family in order to reconstruct A’s dispersion family in the instant reconstruction project zone (hereinafter “A’s separate shopping family”); and the comprehensive virtual family and decentralization family are collectively referred to as “each of the instant shopping districts”); and the remaining Defendants, excluding the defendant’s Divided Family Committee, are members of the defendant Divided Family Committee.

C. The apartment association of this case, the plaintiff and the defendant decentralization committee agreed to implement the reconstruction project of this case together in accordance with the Seoul Special Metropolitan City V apartment district development master plan to the purport that "the reconstruction project of apartment complex is not permitted, including commercial buildings in the complex, and the reconstruction project of this case should be implemented including commercial buildings in the complex," and on December 19, 200, the external title in relation to the reconstruction of the commercial buildings newly constructed in the main center area (hereinafter "the reconstruction shopping district of this case") shall be the apartment association of this case, but the plaintiff and the defendant decentralization committee composed of the sectional owners of each of the apartment buildings of this case may independently design, execute construction, management and disposal plan, and sell them to the general public.