2014Gahap15885 Registration of transfer of ownership

1. A;

2.B

3.C

4.D

5.E

6.F

G District Housing Association

November 17, 2014

December 15, 2014

1. The defendant shall implement each procedure for the registration of cancellation of the trust registration completed on November 29, 2013 by the Seoul Central District Court Registry No. 284949 and the date on which the trust property belongs to the trust property in the column of "the date on which the trust property" as stated in the separate sheet for each of the plaintiffs in the separate sheet for "the plaintiff" as stated in the separate sheet for "the plaintiff" will belong to the trust property on the corresponding date.

2. The costs of the lawsuit are assessed against the defendant.

The same shall apply to the order.

1. Basic facts

A. Status of the parties

1) In accordance with Article 32 of the Housing Act, Article 37 of the Enforcement Decree of the same Act, and Article 17 of the Enforcement Rule of the same Act, the Defendant concluded a contract for construction work with an I Co., Ltd. (hereinafter referred to as the “I”) and newly constructed J apartment (hereinafter referred to as the “instant apartment”) as a housing association with the head of Dongjak-gu on November 26, 2008, for the purpose of the construction project of apartment houses with respect to H Il-gu Seoul Metropolitan Government (hereinafter referred to as the “instant apartment”).

2) The plaintiffs are the members of the defendant, such as the defendant's statement in the attached Table No. 2.

B. The defendant's resolution on additional shares of association members and the process of related litigation

1) On June 18, 2009, the Defendant held an extraordinary general meeting and resolved on June 18, 2009 to bear additional contributions, each of the Defendant’s sole association members, annual association members, and primary association members, respectively.

2) On October 16, 2010, the Defendant held an extraordinary general meeting and made a resolution to exempt the general members from the additional contributions, in addition to the contributions prescribed at the extraordinary general meeting as of June 18, 2009, by holding an extraordinary general meeting on June 18, 2009.

3) Accordingly, on December 24, 2010, some of the Defendant’s members filed a lawsuit against the Defendant for the confirmation of invalidity of the resolution of the extraordinary general meeting as of October 16, 2010 and the said judgment became final and conclusive around that time on the grounds that the said resolution did not meet the quorum of the general meeting on November 21, 201, on the grounds that the purchase of a written resolution by the Seoul Central District Court 2010Kahap132690, and the voting rights and the infringement of the general meeting’s right to attend, etc.

4) Meanwhile, on January 21, 2013, the Defendant filed a lawsuit seeking confirmation of the absence of loan obligations with the financial institutions that lent the instant business funds by Seoul Central District Court 2013Gahap5195 as the primary Defendants. On the other hand, the Defendant filed a lawsuit seeking confirmation of the absence of loan obligations and promissory note obligations, which exceed KRW 14,092,035,773 with K as the primary Defendant. On April 29, 2014, the Defendant dismissed the Defendant’s claim against the said financial institutions and confirmed that the Defendant’s repayment obligations and promissory note obligations against K did not exceed KRW 69,434,197,728, respectively. Accordingly, the Defendant and the administrator appealeded as Seoul High Court 2014 or 29683 and continued the appellate trial.

C. Conclusion of the plaintiffs' sales contract

1) Meanwhile, according to the resolution of the special general meeting held on June 18, 2009, the Plaintiffs and the Defendant on March 3, 2010.

11. By no later than October 16, 201, a new partnership subscription agreement that reflects additional contributions as stipulated in the above general assembly resolution was entered into, and after October 16, 2010, a new partnership subscription agreement that reflects additional contributions as stipulated in the above general assembly resolution was entered into again as the sale price that reflects the additional contributions as stipulated in the above general assembly resolution (hereinafter “instant partnership subscription agreement”). Thereafter, the Plaintiffs entered into a special agreement with Defendant I as stipulated in the above union subscription agreement around December 201.

Serial Name Conclusion Date of the Contract: 18.106, November 26, 2010; 832,847,000 won; 632,847,00 won; 1302,847,847,000 won; 632,847,300 won; 632,847,000 won; 301,632,847,3637,847, 407, 408, 407, 407, 376,407, 407, 2006, 207, 407, 2006, 407, 407, 407, 4007, 4006, 4400, 4400, 4400, 400, 4004, 2637, 2084, 2007

2) Of the instant agreements and special agreements, the contents pertaining to the instant case are as follows.

m. Agreement to join the association of this case

Article 1 (General Provisions) The defendant and the L Co., Ltd. (hereinafter referred to as the "L") shall supply one apartment household to the members of the association with an exclusive area of 84.89 square meters (Provided, That the Gu's supply area shall be the average area of the final project plan with an area of 108.40 square meters and the average area of the final supply area; the approval of the change of the project plan or the inspection of completion and the future supply area may be increased or decreased by lot of houses; the members shall be qualified as housing association members prescribed in Article 32 of the Housing Act and Article 38 of the Enforcement Decree of the same Act.

Article 4 (Contributions to Members)

(1) Members are to pay contributions as follows:

【As indicated in the table of Paragraph 1]

(2) Each member shall pay his/her contribution to the designated account under paragraph (3) of this Article within a specified date, without mistake, in accordance with the following schedule for the payment of contribution:

Article 9 (Procedures for Occupancy)

(1) Members may inspect the objects of construction in advance on the date of preliminary inspection notified by the defendant and L 30 days prior to the completion of construction, and at the same time notify the payment of balance and the scheduled date of occupancy.

(2) Where a member moves into a designated occupancy date, he/she shall fully pay the balance and unpaid amount, late interest on loans, interest on loans, moving expenses, etc., and shall pay all other documents necessary for the transfer of ownership and other occupancy and pay all necessary expenses.

X. (Transfer of Ownership)

(2) A cooperative member shall bear all expenses (acquisition tax, registration tax, stamp tax, other public charges, fees for certified judicial scrivener, etc.) required for the registration of transfer of ownership under the name of the cooperative member for the combination apartment under the name of the cooperative member as a result of the full payment of contributions to the defendant and the completion of adjustment of public records after the completion of the building.

(3) Each member shall implement the provisions of paragraphs (1) and (2) of this Article according to the notification of the defendant and L, and all responsibilities arising from his/her negligence shall be imposed on the member.

Article 12 (Rights and Duties)

(2) The defendant and L have a duty to issue a contract for joining an association on the premise that there is no error in the contributions of the association members and the payment of agency service expenses, and to supply one apartment unit to the association members in accordance with the contract for construction works entered into with the contractor.

(5) The defendant shall proceed with the contributions of the members under Article 4 (2) as project expenses and return the remaining amount to all the members, and, on the contrary, if the project expenses are insufficient due to the defendant's debt burden, etc., the members shall be borne equally by the defendant's members (a single member, a cooperative member, and a first cooperative member).

【Special Terms and Conditions concerning the Agreement on the Admission to the Association

Article 3 (Contributions to Members)

(1) The defendant shall make the contribution of the members of the association under Article 4 (1) of the subscription contract as the final contribution, and guarantee that L shall jointly and severally pay the additional contribution if the members are to pay the contribution, notwithstanding the agreement on the final contribution, there is no claim for all amounts (excluding the individual contribution under paragraph (3) of this Article) other than the final contribution of the members: Provided, That L shall be jointly and severally guaranteed as the final contribution, and the defendant and the members shall not claim against L for the delayed construction before the conclusion of this special agreement and the delayed occupancy.

Article 5 (Other)

4. The terms of this special agreement shall take precedence over the terms of the contract for joining the association of this case.

D. Use inspection of the defendant's apartment of this case and registration of ownership preservation, etc.

1) On September 24, 2013, the Defendant underwent a pre-use inspection on the instant apartment newly constructed by the head of Dongjak-gu, the head of the Gu, and then set the occupancy period from September 27, 2013 to November 27, 2013 to the Defendant’s members, including the Plaintiffs.

2) On the other hand, on October 30, 2013, after the registration of preservation of ownership was made in the name of the defendant on the registration of an application for provisional seizure made by I to the defendant as the debtor on October 30, 2013, on November 29, 2013, on which the registration of ownership was made in the name of the defendant, the registration of the right to a site in the name of the defendant, 136 of the truster and the beneficiary, and the trust registration under Paragraph 1 of the Disposition against the trustee as the defendant (hereinafter referred to as the "registration of the trust in this case"). Article 7 (1) of the Trust Clause included in the trust ledger of the above trust registration in the trust registration of this case provides that "the trust is terminated when the housing construction project is completed (the date of use inspection) and the beneficiary is obliged to pay various charges (charges, taxes and public charges, etc.) to the trustee, the beneficiary may receive the transfer of ownership after performing the payment.

3) The Plaintiffs deposited a part of the above amount in accordance with Article 248(1) of the Civil Execution Act, on the ground that the contract for joining the association of this case and the defendant's occupancy guidance, contributions, taxes and public charges, expenses for registration of preservation, etc. set forth in the notice on the payment of contributions, or the seizure, etc. from the defendant's creditors coincide by each relevant date.

4) Since then, when the plaintiffs demanded the defendant to implement the procedure for the registration of the transfer of the ownership of the apartment in this case, the defendant demanded I to pay the contributions to be paid to each member of the association on May 30, 2014, and I to reply to the amount of I's shares and the security scheme therefor. On June 11, 2014, "the defendant" entered into a special agreement on the joining of the association in this case and made a contribution based on the above partnership joining agreement.

Only those members who paid the full contributions, sent an official letter to the effect that the amount exceeding the full contributions made by the above members out of the additional contributions made by the defendant's legitimate resolution in the future is to be borne by I.

E. The defendant association agreement

Article 7 (Definition of Terms) The definitions of terms used in this Code shall be as follows:

(2) Contributions (or contributions): All amounts including the land prices and construction expenses to be paid by members to the Association in accordance with the present regulations.

Article 10 (Rights and Duties of Members)

(1) Members shall have the following rights:

1. Right to request the association to supply housing determined by its business plan;

(2) Members shall perform the following duties:

1. Obligations to pay contributions (operating expenses of cooperatives, land purchase expenses, construction expenses, etc.);

Article 22 (Matters to be Resolved by General Meeting)

(1) The following matters shall be determined through a resolution at a general meeting:

7. Details of allocation for each member of the project;

Article 32 (Imposition and Collection of Charges)

(1) The Cooperative may impose and collect expenses, such as housing construction project costs, from members to appropriate for expenses incurred in implementing the projects.

(3) Members of a cooperative shall bear expenses incurred in carrying out its activities and shall pay the said contributions in accordance with this Code.

Article 45 (Occupancy, etc.)

(2) When a cooperative completes construction and receives a completion certificate of usage inspection, it shall notify its members of the occupancy date.

(3) Where a member moves into a cooperative on the occupancy date designated under paragraph (2), the member shall pay any balance and the cooperative.

The original charge, late payment charge, etc. shall be paid in full. A person who fails to pay in full shall not be permitted to move in.

(4) Where the union gives notice of occupancy under paragraph (2), the union shall apply for registration by owner without delay.

The necessary measures shall be taken so that they may be conducted, and the procedures for the registration of relocation shall be implemented for the divided facilities among the project sites and construction facilities in the name of the association after being registered in the name of the association.

Article 48 (Performance of Obligations and Disposal of Residual Property)

When any obligations and remaining assets of a cooperative exist after completion of liquidation, they shall be distributed fairly to partners in proportion to the rights of partners at the time of dissolution.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 13 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1, 2, 4, and 6, the purport of the whole pleadings

2. The plaintiffs' assertion

As long as the defendant completed the apartment of this case and completed the inspection for use, the plaintiffs paid in full the contributions set forth in the contract for joining the association of this case, the defendant is obligated to cancel the registration of the trust of this case to the plaintiffs and implement the procedure for ownership transfer registration based on the reversion of trust property.

B. Defendant’s assertion

The Defendant’s resolution on special general meeting of October 16, 2010 was invalidated by a final judgment, and in the related litigation (Seoul High Court 2014Na29683), as long as the existence and amount of loans, etc. to the Defendant’s financial institutions and I are not determined, so long as the Defendant’s union members cannot calculate the amount of contributions as at the present time, even if the Plaintiffs paid contributions as prescribed by the resolution on special general meeting of October 16, 2010, which is null and void to the Defendant, the Defendant cannot be deemed to have fulfilled the obligation to pay the contributions as prescribed in Article 45(3) of the Rules of the Defendant Union. Therefore, the Defendant did not have any obligation to implement the cancellation registration procedure of the trust registration of this case and the

3. Determination

A. The Defendant completed a pre-use inspection on the completed apartment of this case on September 24, 2013, and notified the Plaintiffs of occupancy. Furthermore, the following circumstances acknowledged by the overall purport of oral argument, namely, ① the Defendant’s completion of the apartment of this case and issuance of the pre-use inspection certificate, and the Defendant’s provision of Articles 9 and 10 of the joining Agreement of the Association, and Article 45 of the Rules of the Association provide that the members shall be notified of all kinds of expenses, such as the date of the completion of the pre-use inspection and the contribution, and the ownership transfer registration procedure shall be implemented for the members after receiving the contributions from the members. The Defendant notified the Plaintiffs of the occupancy even after the non-existence resolution of the special pre-existing general meeting of October 16, 2010, and notified the Plaintiffs of the additional contributions under the agreement of the Plaintiff’s joining the association of this case, and that the additional contributions should not be paid in full by the Defendant’s subscription to the association of this case in excess of the amount prescribed by the aforementioned resolution of the Plaintiff’s subscription agreement.

In light of the fact that the defendant's new additional contributions were sent to the plaintiffs and the defendant, as a result of the defendant's resolution on additional contributions, I promised to bear the excess amount when the plaintiffs should pay the amount in excess of the contributions stipulated in the agreement to join the association of this case, and the plaintiffs' additional contributions calculated based on the additional contributions stipulated in the resolution on the special general meeting of this case dated October 16, 2010 shall be deemed to have fulfilled the obligation to pay the contributions stipulated in the agreement to join the association of this case on the ground that the defendant's failure to implement the procedure to transfer ownership to the plaintiffs for the reason that the amount of the contributions may vary in the new additional contributions without returning the portion of the contributions stipulated in the agreement to join the association of this case, even though the defendant paid the contributions in full in accordance with the defendant's notice of payment, is against equity.

B. Therefore, the defendant is obligated to implement the procedure for the registration of cancellation of the trust registration of this case with respect to each of the above real estate in the column for "the date on which the trust property of the attached Table" is reverted to the plaintiffs as stated in the "the date on which the trust property of the attached Table" for each of the above real estate is reverted to the trust property on the corresponding date" as stipulated in Article 45 (2) and (4) of the Rules of the defendant association and the contract of this case to join the association of this case. Accordingly, since the trust contract between the plaintiffs and the defendant as to each of the above real estate is terminated in accordance with Article 7 (1) of the Trust Clause, the defendant

4. Conclusion

If so, each claim of the plaintiffs is justified and accepted.

Judges Park Jong-dae

Judge Han-dong

Judges Kang Sung-young

1) On April 1, 201, I, the contractor of the instant project, was selected and appointed as the manager of I on September 25, 2012, as Seoul Central District Court Decision 201 Gohap34, respectively.

2) The Defendant is divided into a single member where a single house owned in the instant project site is provided and joined the partnership, a single member where a house owned in the instant project site is provided and a member of the partnership is joined the partnership, a single member where a single member and a non-permanent member are joined the partnership at the beginning of the Defendant’s project, and a new apartment is recruited by an agreement to be supplied with a new apartment at the fixed amount at the time of entry.

(2) On December 1, 2014, the real estate stated in paragraph (2) of the attached Table 2 of the real estate indicated in paragraph (3) of the real estate indicated in paragraph (1) of the attached Table 2 of the real estate of attached Table 2B, which belongs to the trust property of the plaintiff, which belongs to the trust property of the plaintiff.

List of Real Estate

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.