2014Gahap591198 Registration of transfer of ownership

A

B Housing Association

March 5, 2015

July 2, 2015

1. The Defendant shall implement the procedure for registration of cancellation of the trust registration completed by the Seoul Central District Court No. 284949, Nov. 29, 2013 with respect to the real estate stated in the attached list to the Plaintiff, and the procedure for registration of transfer of ownership due to the reversion of trust property on December 20, 2013.

2. The costs of the lawsuit are assessed against the defendant.

The same shall apply to the order.

1. Determination as to the cause of claim

(a) Facts of recognition;

The following facts may be acknowledged, either in dispute between the parties or in accordance with Gap evidence Nos. 1 to 11, and Eul evidence No. 1 (including additional numbers), by taking into account the whole purport of the pleadings:

1) The Defendant is a regional housing association that obtained authorization for establishment from the head of Dongjak-gu Office on November 26, 2008 pursuant to the Housing Act for a multi-family housing construction project in Dongjak-gu Seoul Metropolitan Government, and the Plaintiff is a member of the Defendant.

2) The following provisions are applicable to the bylaws of the Defendant’s partnership.

Article 7 (Definition of Terms): (2) The definitions of terms used in this Code shall be defined as follows: (1) The members of an association shall have the following rights: (2) The members shall have the following rights: (3) The members shall be obligated to pay the following expenses: (2) The members shall be obliged to pay contributions (the operating expenses of an association, land purchase expenses, construction expenses, etc.) and (3) the following matters: (4) The members shall be obliged to pay contributions (the operating expenses of an association) and the following matters; (2) the members shall be decided through the resolution of the general meeting; (7) the details of allocation by each member of an association (the imposition and collection of contributions) and (1) the association shall be imposed and collected expenses, such as housing construction project expenses, to meet the project implementation expenses; (3) the members shall bear the expenses necessary for the project of the association; and (2) the association shall, after completing the construction works in proportion to the occupancy charges, notify the association members of the occupancy charges and the outstanding property after consultation with the registered business operator and the members of the association shall not be paid in full.

3) On October 16, 2010, the Defendant: (a) provided a single-unit house owned by the members in the construction site of the above apartment house and joined the association; (b) provided a single-unit house owned in the project site of this case; and (c) provided a single-unit house and joined the association; and (d) agreed to be supplied with a new apartment at the time of the Defendant’s initial business establishment, other than a single-unit cooperative member; and (c) provided a new-unit house with the fixed amount at the time of entry, and (d) decided to hold an extraordinary general meeting on June 18, 2009 to additionally bear the additional shares of KRW 55,00 among the members of the association; and (d) opened an extraordinary general meeting on October 16, 2010 to bear the additional shares of KRW 231,950,000; and (e) the single-unit cooperative member and the first-class cooperative member shall bear the additional shares of KRW 26,200,000.

4) On November 24, 2010, the Plaintiff entered into an agreement to enter into an association (hereinafter “instant agreement to enter into the association”) with the Defendant, the agent company, E.C. E. C., E. C., E. E. E., E. E. E. E., E. E. E. E. E., E. E. E. E. E. E., E. E. E. E. E. ELD Construction (hereinafter

(1) Indication of the object: The defendant 106 Dong 301 and 1 (General Provisions) and the defendant 2 C shall be supplied to the association members with the exclusive use area of 84.89m apartment units in full according to the construction contract and the business schedule, and the association members shall be qualified for the association members under Article 32 of the Housing Act.The association members shall pay their contributions as follows: 632,847,00, 423,387,000, 209, 460, 100, 200, 200, 200, 300, 200, 200, 200, 300, 100, 200, 200, 200, 30,000, 20,000, 30,000,000, 20,000,000, 30,000,00

5) Thereafter, on December 21, 201, the Plaintiff concluded the following special agreements with Defendant and ELA Construction on the instant association membership agreement.

Article 3(1) of the Agreement on the Joining of the Association provides that the defendant shall make the contributions of the members of the association under Article 4(1) of the Agreement on the Joining of the Association of this case as the final contributions, and guarantees that the establishment of the ELa branch shall jointly and severally, if the members are to pay additional contributions despite the agreement on the final contributions, they shall not make a claim for all amounts (excluding the individual contributions under paragraph (3) of this Article) other than the final contributions of the members (excluding the individual contributions under paragraph (3) of this Article): Provided, That the defendant and the members shall not claim compensation for delay due to the delay in construction before the conclusion of this Special Agreement against the construction of ELa branch.

6) However, on December 24, 2010, some of the Defendant’s members filed a lawsuit against the Defendant for the confirmation of invalidity of a resolution made at the special general meeting on October 16, 2010 on the grounds of the purchase of a written resolution by the Seoul Central District Court 2010Kahap132690, and the infringement of the union members’ voting rights and the right to attend a general meeting, etc., and received a favorable judgment from the said court on August 25, 201, and the said judgment became final and conclusive through the appellate court.

7) On September 24, 2013, the Defendant underwent a pre-use inspection on an apartment newly built by the head of Dongjak-gu with respect to the instant apartment (hereinafter “instant apartment”) pursuant to the instant project from the head of Dongjak-gu to the Defendant’s members, including the Plaintiffs, determined the occupancy period from September 27, 2013 to November 27, 2013.

8) Meanwhile, on October 30, 2013 with respect to the instant apartment, the registration of ownership preservation was completed upon a request for a provisional attachment made by the Defendant to the debtor on the part of the ELA Construction, and on November 29, 2013, the registration of ownership preservation was completed under the name of the Defendant, and on November 29, 2013, the registration of a site ownership under the name of the Defendant and the truster and beneficiary of the Defendant’s union members, and the registration of a trust under Paragraph 1 of the Disposition against the trustee as the Defendant (hereinafter “instant trust registration”). Article 7(1) of the trust ledger of the above trust registration provides that “the trust is terminated when the housing construction project is completed (the date of use inspection) and the transfer of ownership is performed to the members (the date of use inspection; hereinafter the same shall apply), and Article 10(2) provides that “the beneficiary may receive the transfer of ownership after performing the payment, if it pays various charges (such as contributions, public charges, etc.) to the trustee.”

9) By December 20, 2013, the Plaintiff paid the Defendant the contributions, taxes and public charges, and expenses for the registration of preservation.

10) Since then, some members including the plaintiff request the defendant to implement the procedure for the registration of ownership transfer with respect to the portion of exclusive ownership that was sold out of the apartment of this case against the defendant. On May 30, 2014, the defendant sent an official letter to the effect that on June 11, 2014, "Around June 11, 2014, the defendant demanded the defendant to reply to the amount of contributions to be paid by each member for each member and the security scheme for the shares that should be paid by each member." On June 11, 2014, ELA Construction made a special agreement to join the association of this case, only those members who completely paid the shares based on the contract to join the association of this case, and if there is a resolution to make additional contributions to the defendant's legitimate members, the amount exceeding the shares that the above members paid in full among the additional contributions

B. Determination

The following circumstances revealed in the above facts: ① According to Article 45 of the Rules of the Association, and Articles 9 and 10 of the Agreement for the Affiliation of the Association of this case, the Defendant should complete the apartment of this case, receive the completion of the inspection, and notify the members of the expenses to be paid, such as the date of completion of the inspection and the contributions, and shall follow the procedure for the registration of ownership transfer

Even after the resolution of the special general meeting of October 16, 2010 was confirmed to be null and void, the defendant notified the plaintiff to move the contribution under the agreement to join the association of this case calculated on the basis of the additional contribution stipulated in the above resolution. Accordingly, the plaintiff paid the contribution set forth in the agreement to join the association of this case. ② Article 12(5) of the agreement to join the association of this case provides that the defendant shall return the contribution set forth in the above agreement to the association members where the remaining amount remains, and if the project cost falls short of the remaining amount, the defendant shall bear the additional contribution. Thus, even if the plaintiff bears the additional contribution in addition to the contribution set forth in the agreement to join the association of this case by the resolution of the new additional contribution, the defendant may demand a separate claim against the plaintiff for the excess portion pursuant to the above provision, and ③ The defendant shall be deemed to have determined the obligation to pay the additional contribution in accordance with the special agreement to join the association of this case, and the defendant shall be deemed to have failed to pay the additional contribution to the defendant within 10th of the agreement of this case.

Therefore, according to Article 45 of the union's bylaws and the agreement to join the association of this case, the Defendant is obligated to implement the registration procedure for the transfer of ownership on December 20, 2013 for the real estate stated in the attached Table attached to the Plaintiff on the ground that the Plaintiff paid the full amount of the contributions under the agreement to join the association of this case, and accordingly, the trust contract between the Plaintiff and the Defendant on the real estate was terminated in accordance with Article 7 (1) of the trust clause, and thus, the trust agreement between the Plaintiff and the Defendant has a reason to vest in

2. Conclusion

Therefore, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

Judges Presiding Judge;

Judges Jin Jae-Gyeong

Judges Nong-ju

List

A person shall be appointed.