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(영문) 서울고등법원 2017.02.10 2016나2014704

청구이의

Text

1. Revocation of the first instance judgment.

2. Each of the plaintiffs' claims is dismissed.

3. The plaintiffs' total costs of litigation.

Reasons

Basic Facts

The defendant association is a housing reconstruction and improvement project association (hereinafter referred to as the "renovation association") established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Act") in order to remove 60 households in total of 4 L-family housing constructed on the land of Y, N,O, and P in order to carry out the project of constructing new apartments.

The deceased Q (the inheritance of Plaintiff B and C, the wife of Plaintiff A and his children, on June 5, 2008), Plaintiff D, E, network R (the death on April 15, 2013, Plaintiff F and Plaintiff G, the husband of Plaintiff F and their children), Plaintiff H, I, and K (hereinafter “Plaintiffs”) are co-owners of each real estate listed in the separate sheet, which is part of the household units of L, (hereinafter “instant real estate”).

Some sectional owners of L Houses constitute a reconstruction promotion committee for the purpose of establishing a reconstruction association under the Urban Improvement Act, and the reconstruction promotion committee opened an inaugural general meeting on March 28, 2004 to resolve to establish an association with the consent of 56 members from among 60 sectional owners, and obtained authorization for the establishment of a reconstruction association on May 19, 2004.

Defendant Union concluded a trust agreement with the Plaintiffs, some of its members, etc. (hereinafter “instant trust agreement”), and completed the registration of ownership transfer on the instant real estate by reason of trust from January 17, 2005 to April 6, 2005.

The defendant association set the period of application for parcelling-out from January 21, 2005 to February 28, 2005 and made a public announcement of parcelling-out. The plaintiff D, E, network R, etc. did not apply for parcelling-out even after rebuilding consent, and the network Q, plaintiff H, I, and K applied for parcelling-out, but withdrawn the application for parcelling-out after the expiration of the period of application for parcelling-out.

On February 27, 2007, the Defendant Union filed a lawsuit against the Plaintiffs, etc. on the claim for the delivery of the instant real estate (Seoul District Court Branch Decision 2007Gahap14000) and the appellate court (Seoul High Court Decision 2012Na47038).