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(영문) 부산지방법원 2017.08.17 2016나6740

청산금반환등

Text

1. Of the judgment of the court of first instance, KRW 14,095,918 against the Plaintiff and its related thereto, from November 28, 2015 to August 17, 2017.

Reasons

1. Basic facts

A. The Plaintiff, as the party, owned B apartment children No. 15 of the B apartment children No. 15 of the Busan East-gu, and completed the registration of transfer of ownership on the instant real estate due to the trust held on Oct. 29, 2003, which was based on the appraised value of No. 113,000,000 as of July 12, 2002, when the instant real estate was incorporated into the business site of B apartment reconstruction project, and the Plaintiff, as the project implementer, completed the registration of transfer on the instant real estate based on the trust held on Oct. 29, 2003.

B. The Defendant publicly announced the period of application for parcelling-out in the reconstruction commercial building from November 13, 2003 to November 16, 2003 (hereinafter “the first application for parcelling-out”). However, the Defendant publicly announced the period of application for parcelling-out (hereinafter “the first application for parcelling-out”).

(2) On August 24, 2006, some commercial partners including the Plaintiff filed a lawsuit seeking confirmation of invalidity against the Defendant on the grounds that the resolution of the general meeting of commercial building management on August 24, 2006, which re-resolutioned the sale area and the sales floor, was null and void (see, e.g., Supreme Court Decision 2008Da53430, May 27, 2010). On July 23, 2010, the Supreme Court rendered a final decision that filing a lawsuit seeking confirmation of invalidity thereof is unlawful (see, e.g., Supreme Court Decision 2008Da53430, Jul. 23, 2010). The Defendant re-designated the period for filing the application for parcelling-out of the commercial building as of August 6, 2010, but the Plaintiff did not file an application for parcelling-out (hereinafter referred to as “second

C. According to the agreement between the Plaintiff and the Defendant and the agreement of the members of the D shop sale D shop, the total number of 11 commercial buildings located in D22, 223, and 223, located in Busan Dong-gu L.

(hereinafter referred to as the “instant commercial building”) when selling the commercial building, the principle of majority majority shall apply according to the reconstruction association’s articles, and since the current commercial building management committee seizes the commercial building and conducting auction, there are taxes and public charges, such as the unpaid amount of the debt management expenses and the refund of moving expenses, which the association is located, by reducing the damages and selling at the market price.