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(영문) 수원지방법원 2012.06.08 2011가합16328

조합원지위부존재확인

Text

1. The plaintiffs' claims against the defendant are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant Union is a reconstruction improvement project association established for the purpose of implementing the reconstruction project (hereinafter “the reconstruction project of this case”) of E and six lots of ground C apartments on the part of Suwon-si, Suwon-si (the administrative district was changed to Young-gu).

B. In accordance with the inaugural general meeting and rebuilding resolution of June 30, 2001, the Defendant Cooperative shall consist of 2,073 sectional owners (81.89% of the sectional owners of the above C apartment) who agree to re-building among the sectional owners of the above C apartment, and shall obtain the authorization of the establishment from the Suwon mayor on May 16, 2002 under the former Housing Construction Promotion Act (amended by Act No. 6655 of February 4, 2002; hereinafter the same shall apply) by the former Housing Construction Promotion Act (amended by Act No. 6916 of May 29, 2003; hereinafter the same shall apply). After the above inaugural general meeting with the consent of re-building from the sectional owners of the above C apartment, the number of union members increased by 2,083, and the number of union members increased by 2,594 and the Act on the Maintenance and Improvement of Urban Areas under the former Housing Construction Promotion Act (amended by Act No. 375, May 1, 2094, 209).

C. On December 10, 2002, Plaintiff A donated 1/10 of the instant apartment to Plaintiff A on December 10, 2002, and completed the registration of ownership transfer with respect to the said apartment on December 11, 2002.

[Reasons for Recognition] In the absence of dispute, Gap evidence Nos. 1, 2, 8, 9, Gap evidence No. 15-1, Gap evidence No. 16-6, Gap evidence No. 25-29 (if no separate indication is made, including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the primary purport of the instant claim

A. The defendant union is a member of the defendant union, who is subject to cash settlement.