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1. The Defendant shall pay to the Plaintiff (Appointeds) KRW 101,929,20, KRW 200, KRW 27,876,00, and each of the above amounts.
Reasons
1. Basic facts
A. The Defendant is an association established for the purpose of implementing a reconstruction improvement project of “B” located on the ground of the Yangcheon-gu Seoul Metropolitan Government Egi-gu 2,33.2 square meters (hereinafter “instant land”).
B. The Plaintiff (Appointed Party) is each of the Defendant’s partners who own 16.1/2,33.2 (hereinafter “instant shares”) shares in the instant land, and Nonparty F, the spouse of the Plaintiff (Appointed Party) is the Plaintiff’s spouse. Nonparty F completed the registration of ownership transfer on October 28, 2003 as to the instant shares Nos. 1 and 2 shares in the name of the Defendant.
C. The F died on August 8, 201, and the Plaintiff (Appointed Party) succeeded to 3/7 out of the instant 2 shares, and 2/7 of the said shares among the designated parties C and D, respectively.
On December 10, 201, the procedure for approving the establishment of the management and disposal plan by the defendant association was completed, the plaintiff (appointed party) was expelled from the defendant association.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 8 to 11, the purport of the whole pleadings
2. Where an association member who is obligated to pay the liquidation money fails to apply for parcelling-out or withdraws, he/she becomes eligible for cash liquidation by losing his/her status as the association member. In cases where an association member loses his/her status for follow-up reasons, such as expulsion or withdrawal from the reconstruction association, he/she shall be eligible for cash liquidation, as in cases where he/she fails to apply for parcelling-out or withdraws from the beginning (see Supreme Court Decision 2012Da11047, 110484, Nov. 28, 2013). The following facts are that the Plaintiff (Appointed Party) was expelled from the Defendant Association on December 10, 201, and the Plaintiff (Appointed Party) was expelled from the Defendant Association. However, the Defendant asserts that the remaining designated parties still maintain his/her membership.