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(영문) 서울동부지방법원 2015.04.23 2013가합4737

소유권이전등기 등

Text

1. From the Plaintiff:

A. The Selection C shall be paid KRW 212,142,857 and shall be recorded in the attached list to the Plaintiff at the same time.

Reasons

1. The following facts may be acknowledged in full view of the statements in Gap's 1 to 8, 12 to 19.26, 30, 38, 39, 41, 42, Eul's 1, 7, 8, 13, 14, 18 through 20, 23, and 26 (including each number), and the whole purport of the pleadings:

The Plaintiff is a housing reconstruction project partnership established to implement a reconstruction project (hereinafter “instant reconstruction project”) of A1, 24 apartment units, 6,600 units, and 324 stores (hereinafter “instant apartment complex”) established in Songpa-gu Seoul and H level above ground, Songpa-gu, and one commercial building (hereinafter “instant apartment complex”). The Defendant, Selection C, and Selection D (hereinafter “Defendant, etc.”) share each of the instant real estate in the rearrangement zone for the said reconstruction project (hereinafter “instant rearrangement zone”).

B. Around July 13, 2002, some of the sectional owners of the apartment complex of this case constituted a “A Apartment Apartment System Promotion Committee” instead of the management body meeting stipulated in the Act on Ownership and Management of Condominium Buildings. (2) On May 24, 2003, the said promotion committee held the inaugural general meeting of the reconstruction association among the 6,802 sectional owners of the apartment complex of this case who actually attended or submitted a “written resolution of the inaugural general meeting” instead of attending the meeting, and the said resolution was adopted at the inaugural general meeting of the reconstruction association (hereinafter “the first reconstruction resolution”), approval resolution of the regulations of the association, the resolution of the head of the association, the resolution of the appointment of the head of the association, and the resolution of the selection of construction works.

3. The plaintiff receives the "Re-building resolution and project implementation consent" with the contents that consent to the above first re-building resolution, etc. from the total 5,786 sectional owners, including those who participated in the above general meeting resolution, and on June 12, 2003, the representative from the head of Songpa-gu to I and members as above 5,786.