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(영문) 서울동부지방법원 2013.07.19 2013가합5747
소유권이전등기 등
Text

1. The defendant is based on the trust on June 12, 2003 regarding the real estate stated in the attached list to the plaintiff.

Reasons

1. Basic facts

A. The establishment of the Plaintiff Association and the first reconstruction resolution 1) A1 and the second apartment (hereinafter “instant apartment”) constructed on the land of 392,652 square meters and D large 5,355.3 square meters in Songpa-gu Seoul Metropolitan Government, Songpa-gu, Seoul, and on the ground of 5,355.3 square meters.

The Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Act”) around July 13, 2002, on the Ownership and Management of Aggregate Buildings.

(1) In lieu of the management body meeting at the meeting of the management body, the committee for promotion of A Apartment-Final Equity Holdings (hereinafter “instant committee for promotion”).

(2) On May 24, 2003, the instant promotion committee held an inaugural general meeting of a reconstruction association and submitted a written resolution in lieu of actual attendance or attendance by 4,280 of the total sectional owners of the instant apartment complex, which was subject to rebuilding resolution (hereinafter “the first rebuilding resolution”), approval of the association regulations, approval of the association regulations, a resolution on the method of business, a resolution on the appointment of the president of the association, and a resolution on the selection of the contractor.

3) After that, the Plaintiff Union was established by the first re-building association composed of 5,786 sectional owners including the sectional owners who agreed to the above re-building resolution on June 12, 2003, and the Plaintiff Union completed the establishment registration on July 15, 2003 with the authorization from the head of Songpa-gu Seoul District Court for the establishment of the association with the representative E and the members of the above sectional owners 5,786. (b) The Plaintiff Union asserted that the first re-building resolution becomes null and void, and even in the case of Seoul East East District Court Decision 2003Gahap5618, Seoul East District Court Decision 203Gahap5618, the first re-building resolution was issued on March 11, 2004, the first re-building resolution became null and void because specific criteria for the share of re-building expenses were not presented, and the first re-building resolution was issued to the sectional owners on June 12, 2003.

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