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(영문) 서울고등법원 2016.09.09 2015나30802
청산금
Text

1. The part regarding the Plaintiffs in the judgment of the first instance, including the claim extended and reduced in the trial after remand.

Reasons

1. Basic facts

A. The Defendant is an organization established by 65 owners of the instant site and building, including the Plaintiffs and E, in order to remove the 2-story building on the ground of “F market” (hereinafter “instant site”) in Yangcheon-gu Seoul Metropolitan Government G-gu (hereinafter “instant site”) and build a new main complex building, and obtained authorization for the establishment of the market reconstruction association on January 10, 200 from the head of Yangcheon-gu, and obtained authorization for the alteration of the market renewal association on January 26, 2006 from the head of Yangcheon-gu.

B. On October 4, 2005, E completed the registration of ownership transfer for each of the instant land and buildings on November 14, 2007, and the Plaintiffs and E transferred each of the instant land and buildings to the Defendant prior to the removal of the instant building on February 2007.

C. After that, the Defendant held a general meeting of partners on August 30, 2008 and passed a resolution on the management and disposal plan, and obtained authorization from the head of Yangcheon-gu on December 18, 2008. Under the above management and disposal plan, the Plaintiffs and E were classified as objects of cash settlement, not objects of sale.

On December 18, 2008, the date of authorization for a management and disposition plan, the size ratio and market price of shares owned by the plaintiffs and E among the instant land as of December 18, 2008 are as specified in attached Table 1.

E. Meanwhile, the establishment registration of each of the above shares of Plaintiffs and E, among the instant building sites and buildings, was completed prior to the completion of the registration of ownership transfer based on the trust, as indicated in [Attachment Table 2] [Attachment Table 2], but each of the above shares of Plaintiffs B, C, D, and E was revoked on February 5, 2013.

F. (1) On January 15, 2013, E: (a) KRW 100 million and its delay damages against L, among the settlement money claims against the Defendant with respect to the shares in its possession on January 15, 2013; (b) KRW 100 million and its delay damages, M, 53,546.

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