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(영문) 의정부지방법원 2014.04.22 2013구합15748

청산금지급

Text

1. The defendant,

A. The Plaintiff A’s KRW 335,857,846 and its related KRW 5% per annum from May 25, 2012 to April 22, 2014.

Reasons

1. Facts of recognition;

A. 1) The Defendant is a housing reconstruction project that removes the ground houses, etc. located in M M and 158 parcels at Namyang-si, Namyang-si, and constructs a new apartment (hereinafter “instant project”).

The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the “Urban Improvement Act”) shall apply.

According to the management and disposition plan of January 10, 2008 (hereinafter “the management and disposition plan of this case”) which was completed the authorization of establishment on December 4, 2006, as a housing reconstruction improvement project association, and from the Namyang-ju market, the project implementation authorization of this case on July 23, 2007, and the management and disposition plan of January 10,

(2) The Plaintiffs, as the Defendant’s members, owned the real estate located in the instant project implementation district.

B. 1) The plaintiffs filed an application for parcelling-out within the period of application for parcelling-out determined by the defendant (from September 7, 2007 to October 8, 2007), but did not conclude a contract for parcelling-out with the defendant during the period of contract for parcelling-out (from July 28, 2008 to October 31, 2007).

(4) Where a member of the cooperative falls under any of the following subparagraphs, the cooperative shall liquidate in cash the buildings and other rights within 150 days from the date on which he/she falls under any of the following subparagraphs:

The amount shall be calculated by calculating the arithmetic mean of the values appraised by two or more appraisal business entities recommended by the head of Si/

1. An applicant for parcelling-out;

2. Persons who have withdrawn the application for parcelling-out;

3. Persons excluded from objects of parcelling-out under the authorized management and disposal plan.

C. The Plaintiff A, F, G, H, I, J, and K (hereinafter the above Plaintiffs are referred to as “Plaintiff A, F, G, I, J, and K at once.”