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(영문) 서울북부지방법원 2018.04.26 2016가합24653
소유권이전등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a reconstruction association consisting of existing owners of ABD for the purpose of rebuilding ABD located outside Seoul Special Metropolitan City, Nowon-gu, one parcel, 3,146 square meters, and the Defendants are the owners of each real estate listed in the separate sheet (hereinafter “each of the instant real estate”).

B. The Plaintiff’s establishment and approval process for a project plan 1) The owners of Ba have established a promotion committee to remove the worn-out Ba from around 2010 and construct a new building (hereinafter “instant project”).

(2) On May 23, 2013, while holding an inaugural general meeting of a cooperative on May 23, 2013, the association members held 45 members and passed a resolution on the establishment of the association, approval of the articles of association, and election of the head of the association in F with the consent of all the members present at the meeting of 35 members. (2) At the time of the Plaintiff, F, the head of the association, including the Defendant, as the project undertaker, is the “F and 44 persons,” and the site location on December 31, 2013, is the “one parcel outside Seoul Special Metropolitan City, Nowon-gu, 6, 7, 4, 39.34 square meters on the ground, 39.34 square meters on the ground, floor area ratio 146.7% on the floor area ratio, 146.7% on the multi-unit housing [the multi-household housing (multi-household multi-household housing)] from the head of Nowon-gu in Seoul Special Metropolitan City.

C. A criminal proceeding against the president of the cooperative and the suspension of the project of this case 1) upon the application of the instant project plan, F submitted the consent form and proxy letter in the name of 44 persons, including the Defendants, and the consent form and proxy letter in the name of 6 persons, including the Defendant D, were arbitrarily prepared. Accordingly, F was prosecuted on the charge of forging private documents and uttering of the investigation document at this court’s order as of October 16, 2014.

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