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(영문) 서울남부지방법원 2016.01.27 2014가단65490
채무부존재확인
Text

1. It is confirmed that the plaintiffs' obligation to indicate the attached debt to the defendant does not exist.

2...

Reasons

1. Basic facts

A. Status of the parties (1) The Defendant is an urban environment improvement project association that received authorization for the establishment of July 11, 2006 under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), and authorization for the implementation of the project on February 10, 201 from the head of Yeongdeungpo-gu Seoul Metropolitan Government under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

(2) The Plaintiffs, as co-owners of Yeongdeungpo-gu Seoul Metropolitan Government E-ground Borrowing 402 (hereinafter “instant building”) located within the Defendant’s above rearrangement project zone, are the Defendant’s members. Since December 20, 2003, the instant building was leased to G.

B. (1) On December 8, 201, the general meeting was convened to establish the Defendant’s management and disposition plan, and the above general meeting passed a resolution on the “disposition for the burden of expenses related to the act of sharing the expenses related to the act of removing the expenses related to the act of removing the expenses.” The ground for the proposal of the above agenda was that “The act of taking measures to reduce the losses of the association members shall be deliberated and delegated to the board of directors, in principle, by applying the provisions on the duty of moving and removing the association members pursuant to Article 10 of the articles of association mutatis mutandis. In this case, the expenses incurred in the lawsuit shall be borne by the parties, in principle, by deducting the expenses incurred in the lawsuit at the time

(2) On May 28, 2013, the Defendant deliberated on the 105th board of directors on the 105th board of directors’ meeting of the instant case’s general meeting for the allocation of expenses incurred in relation to life lawsuit according to the instant general meeting resolution. The details of the resolution made at the time are as shown in attached Form 2.

(hereinafter referred to as “the Board of Directors of this case”).

(1) On December 31, 2012, the Defendant received the approval of the management and disposal plan from the head of Yeongdeungpo-gu Office, and the above facts were publicly notified in the Yeongdeungpo-gu Seoul Metropolitan Government Gu newsletter on January 10, 2013.

(2) On June 11, 2013, the Defendant seeks a building name map against five persons including G.

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