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(영문) 서울고등법원 2014.09.26 2013나72307
손해배상
Text

1. The plaintiffs' appeal and the preliminary claims added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

Facts of recognition

The defendant is the Housing Reconstruction Association on April 27, 2002, which obtained approval for the establishment of a housing association on August 20, 202 from the head of Dongdaemun-gu Seoul Metropolitan Government on August 20, 202, and the plaintiffs are part of 24 members of the defendant's commercial building.

On July 1, 2002, the plaintiffs demanded the defendant to gratuitously sell the existing commercial buildings owned by the plaintiffs and the newly constructed commercial buildings as they are, and the defendant notified the plaintiffs to accept the above request on July 15, 2002 after the resolution of the board of directors on July 12, 2002.

(2) On April 19, 2004, the Seoul Northern District Court 2003Gahap5201 filed a lawsuit against the members of the commercial building including Plaintiff B, C, H, and G, and on May 14, 2004, a decision in lieu of conciliation (hereinafter “instant conciliation decision”) was made on April 19, 2004, which included the following matters.

3. The defendant newly built and sold commercial buildings to be sold by the defendant shall be sold free of charge to plaintiffs B, C, H, G, etc. as follows:

The share of the site area of a building site shall be gratuitously sold as the share of the previous building site (the certified copy of the land register).

(b) The area of a building shall be gratuitously sold, as it is, the area of the previous building;

5. By June 30, 2004, Plaintiff B, C, H, G, etc. shall implement the procedure for the registration of ownership transfer and name of each owner’s attached real estate to the Defendant by June 30, 204.

On August 19, 2004, the defendant established a management and disposal plan (hereinafter referred to as "the first management and disposal plan") by holding an extraordinary general meeting on November 20, 2004 after obtaining authorization for the implementation of the project from the head of Dongdaemun-gu and following the public announcement of sale in lots and the procedures for application for parcelling-out and making a resolution on the draft of the management and disposal plan, etc.

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