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(영문) 서울동부지방법원 2020.10.15 2018가합104236
소유권이전등기 등
Text

The part on the claim for damages for delay among the counterclaim of this case shall be dismissed.

2. The Defendant (Counterclaim Plaintiff) is the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a housing remodeling association under the Housing Act established for the purpose of promoting housing remodeling projects on the ground of the land of 10,286m2,000, Songpa-gu Seoul Metropolitan apartment complex (hereinafter “instant remodeling project area”). The Defendant owned real estate in the attached list of the instant remodeling project area (hereinafter “instant real estate”).

B. The Plaintiff obtained authorization for the establishment of a housing remodeling association from the head of Songpa-gu Office on February 26, 2008, and obtained authorization for the establishment of each housing remodeling association on March 20, 2009 and November 19, 2015.

The provisions pertaining to this case in the Plaintiff’s bylaws of association are as follows.

Article 12 (Executives) (1) The Cooperative shall have the following officers:

1. One president (hereinafter referred to as the "president"). (2) The executives of the partnership shall be elected at a general meeting from among the members (limited to a person who has become at least six months after obtaining qualification as a partner) with the attendance of the majority of the members present and the consent

(3) The term of office of an executive shall be four years from the date on which he/she is appointed, and he/she may be reappointed through a resolution at a general meeting.

Article 19 (Method of Resolution at General Meeting) (1) A general meeting shall be held with attendance of a majority of the members, and pass a resolution with the consent of a majority of the members present.

(2) Members of a cooperative may exercise their voting rights in writing or through an agent falling under any subparagraph of Article 10 (2).

In such cases, it shall be deemed attendance under the provisions of paragraph (1).

C. On April 2018, the Plaintiff is a housing remodeling association that obtained the consent of 77.18% of sectional owners in the instant remodeling project zone (230 households out of the total 298 households).

If the defendant fails to submit a "resolution and written consent for remodeling" within two months from the date of receipt of a duplicate of the complaint of this case, the defendant shall not approve the remodeling resolution pursuant to Article 22 of the Housing Act and Article 48 of the Act on Ownership and Management of Condominium Buildings.

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