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(영문) 광주지방법원 2016.01.14 2015구합11912

매수청구등

Text

1. The defendant shall be the plaintiff.

(a) KRW 27,050,000 as well as 5% per annum from January 9, 2013 to January 14, 2016; and

Reasons

Basic Facts

On October 22, 2008, the defendant is a corporation established by the head of Seo-gu, Gwangju Metropolitan City for the purpose of implementing a reconstruction project of the land A apartment on the 60th and Seo-gu, Gwangju, and the plaintiff became a co-owner of the real estate indicated in the attached Table 2 among the above A apartment (hereinafter referred to as the "the real estate in this case"), and became a member of the defendant

As to the instant real estate, the Plaintiff completed the registration of establishment of the right to collateral security (hereinafter “instant right to collateral security”) on August 27, 2008, and completed the registration of establishment of the right to collateral security (hereinafter “instant right to collateral security”) under the name of the Defendant on December 12, 201.

From July 7, 2011 to August 7, 2011, the Defendant received an application for parcelling-out from its members, including the Plaintiff, and then decided on a management and disposal plan at the general meeting of its members, and obtained approval from the head of the Gu of Gwangju Metropolitan City on November 11, 201.

The Defendant, from July 25, 2012 to August 5, 2012, and from August 9, 2012 to August 10, 2012, notified the Plaintiff as the period for concluding the sales contract by partners. However, the Plaintiff did not conclude the sales contract with the Defendant during that period.

The articles of incorporation of the defendant and the parts related to this case in the related Acts are as follows:

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

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 Persons who have withdrawn the application for parcelling-out;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. A person excluded from the objects of parcelling-out under the authorized management and disposal plan. (5) A cooperative member shall conclude a parcelling-out contract within the date notified by the cooperative after authorization of the management and disposal plan, and paragraph (4) shall not be made.