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(영문) 광주고등법원 2016.10.20 2016누3351
매수청구등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff’s attached Form on August 27, 2008

1. The acquisition of ownership of the real estate indicated in the list (hereinafter “instant real estate”) and the attached Form concerning the instant real estate to the two cancer Credit Union on the same day

2. The establishment registration of a mortgage near the list (hereinafter “instant mortgage”) was completed.

B. On October 22, 2008, the defendant was established for the purpose of implementing the reconstruction project of the Seo-gu, Seo-gu and 60 lots of ground A apartment, and the plaintiff was a member of the defendant with the consent of the said reconstruction project.

C. From July 7, 2011 to August 7, 2011, the Defendant received the application for parcelling-out from the Defendant’s members, including the Plaintiff, and then decided on a management and disposition plan at the general meeting of the association members held on September 30, 201, and obtained approval from the head of the Seoul Metropolitan City head of the Gu on November 11, 201.

On November 8, 2011, the Plaintiff concluded a trust agreement with the Defendant with respect to the instant real estate and completed the registration of ownership transfer with respect to the instant real estate on December 12, 201, and delivered the instant real estate to the Defendant on November 22, 2011.

E. 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 a partner sales contract, but the Plaintiff did not conclude a sales contract with the Defendant for the said period.

F. Of the Defendant’s articles of incorporation and relevant laws, the parts relating to this case are as follows.

1) Article 44 of the Defendant’s articles of association (4) The Mutual Association shall liquidate buildings and other rights in cash within 150 days from the date on which a member falls under any of the following cases.

The amount shall be calculated by calculating the arithmetic mean of the values appraised by at least two appraisal business entities recommended by the head of a Si/Gun.

1. An applicant for parcelling-out;

2. Persons who have withdrawn the application for parcelling-out;

3. Persons excluded from objects of parcelling-out according to the authorized management and disposal plan.

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