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(영문) 서울북부지방법원 2018.02.06 2016가단35687
근저당권설정등기말소 및 손해배상
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The defendant union of the parties is a reconstruction improvement project association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) in order to remove the house of Dongdaemun-gu Seoul Metropolitan Government C and implement a housing reconstruction project to build new houses, etc. on the land.

The Plaintiff is a member of the Defendant, who owned the instant shopping mall located in the said reconstruction project district (hereinafter “instant previous shopping mall”).

B. On August 19, 2004, the defendant union, after the completion of reconstruction, obtained authorization of the project implementation on August 19, 2004 from the head of the competent Gu and obtained authorization of the management and disposal plan on January 7, 2005 through the public announcement of sale and the procedure for application for parcelling-out, and obtained authorization of completion on August 14, 2007.

However, on September 21, 2007, some commercial members including the Plaintiff filed a lawsuit against the Defendant Cooperative on September 21, 2007, which became final and conclusive on December 9, 2010.

Accordingly, the defendant union authorized the management and disposition plan on April 6, 2012, and obtained the revised approval on November 4, 2013, and completed the prior notification on February 27, 2014.

C. Plaintiff’s application for parcelling-out, etc. 1) The Plaintiff owned 2/3 of the previous commercial buildings, and E owned 1/3 of the previous commercial buildings, but the Plaintiff and E applied for parcelling-out to the Defendant Association around September 16, 2004, within the period of application for parcelling-out (hereinafter “instant application for parcelling-out”).

(2) After June 9, 2008, the Plaintiff purchased 1/3 of the previous price of the instant case from E from June 9, 2008.

(1) On January 2012, 2012, the Defendant Union is the F building G (hereinafter referred to as “instant commercial building”) of the building built on the basis of the instant application for parcelling-out around January 2012.

) Of the Plaintiff, the management and disposal plan was formulated that the Plaintiff purchased 6.67/100 shares and E purchased 3.33/100 shares, and on April 6, 2012, the said management and disposal plan was approved. 2) The Plaintiff is the Defendant around December 21, 2012.

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