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1. On the Plaintiff (Counterclaim Defendant),
A. Defendant (Counterclaim Plaintiff) B: 57,96,346 won; Defendant D’s KRW 4,801,380; Defendant F’s KRW 3,703.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. (1) The Plaintiff is a housing redevelopment and consolidation project association established on September 5, 2008 with authorization from the head of Yeongdeungpo-gu Seoul Metropolitan Government on September 29, 2008 to implement a housing redevelopment and improvement project (hereinafter “instant project”) on a scale of 50,759,30 square meters in Yeongdeungpo-gu Seoul Metropolitan Government H Group 50,000 square meters.
(2) On November 30, 2009, the Plaintiff was authorized to implement a management and disposition plan by the head of Yeongdeungpo-gu Seoul Metropolitan Government Office as the I notification of Yeongdeungpo-gu Seoul Metropolitan Government. On August 18, 201, the Plaintiff was authorized to obtain the approval of the management and disposition plan by the J of Yeongdeungpo
Currently, obstacles within the project area of this case are removed.
(3) The Defendants were the Plaintiff’s association members as the owners of the land (limited to the parcel number) and the above-ground buildings located within the instant project zone. However, they did not apply for parcelling-out within the Plaintiff’s period of application for parcelling-out (date of expiration: April 3, 2010) or were subject to cash settlement by withdrawing the application for parcelling-out.
The details of the ownership of land and buildings owned by the Defendant real estate Nos. 1 B, Yeongdeungpo-gu, Seoul, and 286§³ and 3D, Yeongdeungpo-gu, Seoul, Yeongdeungpo-gu, Seoul, Seoul, about 143§³, 143§³ and 4-gu, Yeongdeungpo-gu, Seoul, Yeongdeungpo-gu, Seoul, about 208§³ and 90§³ for above ground buildings and 123§³ for above ground buildings in Yeongdeungpo-gu, Seoul, Yeongdeungpo-gu, Seoul, and 6-gu buildings in Seoul, Seoul, about 123§³
B. The Plaintiff’s articles of incorporation (1) provides for the burden of rearrangement project costs as follows.
Article 7 (Methods of Notifying and Announcing Matters concerning Rights and Duties) (1) A cooperative shall faithfully notify and publicly announce matters concerning the rights and duties of its members (including changes; hereinafter the same shall apply) to its members and interested parties.
Article 10 (Rights and Duties of Members) (1) Members shall have the following rights and duties:
1. Right to request the sale of buildings in lots;
2. The right to attend and speak at the general meeting and voting rights;
3. The right to appoint officers and to elect officers; 4. The right to elect representatives; and