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(영문) 서울동부지방법원 2015.04.16 2014가합11381
소유권이전등기 등
Text

1. The defendant shall receive KRW 637,000,000 from the plaintiff, and at the same time real estate stated in the attached list to the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing reconstruction and improvement project association established to implement a reconstruction project of the A1 and the second apartment complex that consists of 6,600 apartment units of Songpa-gu Seoul and D, 134 apartment units of 134 Dong-dong and 324 stores of one commercial building (hereinafter “instant apartment complex”).

B. On May 24, 2003, the sectional owners of the instant apartment complex held the inaugural general meeting of the Plaintiff Union and 4,280 among the 6,802 total sectional owners or submitted a written resolution regarding the instant apartment complex, the instant apartment complex passed a resolution to approve the association regulations, to determine the method of business, to select the head of the association, and to select the Si construction project, along with the rebuilding resolution under the Act on the Ownership and Management of Aggregate Buildings.

C. The Plaintiff completed the establishment registration on July 15, 2003 after obtaining the establishment authorization from the head of Songpa-gu Office on June 12, 2003, and completed the establishment registration on July 15, 2003. As the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) was implemented on July 1, 2003, it is deemed as a housing reconstruction and improvement project association pursuant to Article 10(1) of the Addenda

On February 28, 2003, before the enforcement of the Urban Improvement Act, the Plaintiff entered into a construction contract (provisional contract) with Samsung C&T Co., Ltd., Hyundai Industrial Development Co., Ltd, Hyundai Construction Co., Ltd., and the apartment complex reconstruction project of this case. On August 21, 2003, the Plaintiff reported the selection of the contractor and accepted it.

After that, the plaintiff held a general meeting on June 26, 2004 to re-building resolution. On July 27, 2007, the plaintiff passed a business action plan at the general meeting of shareholders, and approved the business action plan from the head of Songpa-gu on April 1, 2008 and announced the period for application for parcelling-out.

Furthermore, on December 7, 2011, the Plaintiff, according to the Seoul Metropolitan City Urban Planning Committee’s amendment review on the apartment complex of this case, held a general meeting on July 15, 2013, and resolved to revise the project implementation plan to change the outline of the new building.

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