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(영문) 서울서부지방법원 2019.06.14 2018가단232181

정산금

Text

1. The plaintiff

A. Defendants are jointly and severally liable for 52,009,300 won and Defendant B with respect thereto from October 18, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment business partnership under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) established by the head of Eunpyeong-gu on January 26, 2007 with the approval of establishment from the head of Eunpyeong-gu for the redevelopment of all the Eunpyeong-gu Seoul E units.

B. The Defendants are co-owners (Defendant B’s share 95/100 and Defendant D’s share 5/100) of Eunpyeong-gu Seoul Metropolitan Government F large 148 square meters (hereinafter “instant land”) located within the business site of the Plaintiff Union (hereinafter “instant new apartment”), and are co-members of the Plaintiff Union, a joint ownership of which the Plaintiff Union newly built by the Plaintiff Union (hereinafter “instant new apartment”).

In other words, Defendant B owned the instant land since 1984, and entered into a mutual agreement on the instant new apartment with the Plaintiff Union on February 22, 2011, and on November 14, 2013, selling 5/100 of the instant land to Defendant D, thereby becoming a co-owner of the instant land, and became a co-owner of the instant new apartment.

C. Meanwhile, Defendant B occupied the State-owned land of Eunpyeong-gu Seoul Metropolitan Government I and 24 square meters (hereinafter “instant State-owned land”). On April 17, 2009, Defendant B expressed his intention to purchase the instant State-owned land, and accordingly, submitted a letter of delegation to the Plaintiff Union to submit the letter of delegation for purchase of State-owned and public land to the Plaintiff Union to delegate the Plaintiff Union the “all the procedures for purchase of State-owned and public land and the contract

Article 66 (4) of the former Act on the Maintenance and Improvement of Urban Areas, which was enforced at the time of 2009 when the contract for the sale of the State-owned or public property was concluded, shall take precedence over other persons by contract to the project implementer, occupant or user, notwithstanding the State-owned or public property management plan under Article 9 of the State Property Act or Article 77 of the Local Finance Act and the contracting methods under Article 43 of the State Property Act and Article 61