beta
(영문) 창원지방법원 2018.07.19 2016가합55615

지상권설정등기

Text

1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff was divided into F1,574.7 square meters in Seongdong-gu, Changwon-si (F 7,796.5 square meters in size and G 3,778.2 square meters in size on February 8, 1999);

"The land of this case" is referred to as "the land of this case" before and after division.

2) On November 20, 1989, the co-owners of the instant land, including the Plaintiff, were co-owners who own some of the shares in the instant land, and 33 co-owners of the instant land, including the Plaintiff (hereinafter referred to as “3 co-owners of the instant land”), held an inaugural general meeting of landowners for the purpose of constructing, selling, or conducting joint projects with the aim of building and selling the buildings listed in the attached Table 2 (hereinafter referred to as the “instant building”) on the instant land, and became members of the association.

3) On December 30, 1989, 33 co-owners obtained a building permit for the instant building. 4) On March 30, 1991, the said 33 co-owners passed the general meeting of the Assembly on March 30, 1991, and subsequently changed the name of the association into “J Association (K Union was changed to “K Association” on December 9, 1997; hereinafter collectively referred to as “H Association”). The main contents of the said agreement are as follows.

(1) The name shall be referred to as the “I building” virtual partnership, and the location of the office shall be located in the 5 M (State) of the fourth floor in the city of Changwon (Articles 1 and 2). (2) The purpose business is to jointly purchase the land of this case and to jointly build, sell, or operate a business to build, sell, or jointly use commercial buildings.

(3) Partnership institutions shall have general meetings and board of directors.

A general meeting shall be comprised of members and shall pass a resolution with the approval of at least half of the share in the land in this case and with the approval of at least 2/5 of the number of the members, in principle, on the basic important matters of the cooperative, such as the enactment of bylaws, amendment of business plans, approval of business plans, deliberation of budget and settlement of accounts, election of executives, sale of commercial buildings

(Art. 15 to 20). The Board of Governors shall be composed of the president and directors of the Association, and shall make decisions or carry out delegated matters at the Assembly.