2014Gahap10880 Registration of transfer of ownership

1. A;

2.B

3.C

4.D

5.E

6.F

7.G

8.H

9.I

10.J

11.K

12.L

13.M

14.N

15.O

16.P

17. Q.

18.R

19.S

20.T

21.U

22.V

23.W

24.X

25.Y

26.Z;

27.A

28.AB

29.AC

30.AD

31. AE;

32. AF;

33. AG;

34. AH;

AI Association

November 17, 2014

December 15, 2014

1. The defendant is affiliated with each of the plaintiffs listed in the separate sheet, "real estate in the separate sheet," and each of the plaintiffs listed in the column for "real estate in the same sheet," and each of the above plaintiffs is subject to the procedure for cancellation registration of the trust registration in the Seoul Central District Court No. 284949, Nov. 29, 2013, and the date on which the trust property is reverted to the trust property in the separate sheet.

2. The costs of the lawsuit are assessed against the defendant.

The same shall apply to the order.

1. Basic facts

A. Status of the parties

1) On November 26, 2008, the Defendant entered into a contract for construction work with AK Co., Ltd. (hereinafter referred to as "AK") as a regional housing association authorized by the head of Dongjak-gu on November 26, 2008 and newly constructed AL apartment (hereinafter referred to as "the apartment of this case") under Article 32 of the Housing Act, Article 37 of the Enforcement Decree of the same Act, and Article 17 of the Enforcement Rule of the same Act.

2) The plaintiffs are the members of the defendant, such as the defendant's statement in the attached Table No. 2.

B. The defendant's resolution on additional shares of association members and the process of related litigation

1) On June 18, 2009, the Defendant held an extraordinary general meeting and resolved on June 18, 2009 that the sole association members, partnership members, and first association members shall bear additional contributions, each of the 55 million won.

2) On October 16, 2010, the Defendant held an extraordinary general meeting and held an extraordinary general meeting on June 18, 2009, added to the contributions prescribed in the extraordinary general meeting as of June 18, 2009, the Defendant made a resolution to additionally bear the additional contributions of KRW 230,1950,000 for independent members, and the annual members and the primary members shall bear the additional contributions of KRW 26,000 for each member, and to exempt the general members from the contributions

3) Accordingly, on December 24, 2010, some of the Defendant’s members filed a lawsuit against the Defendant on the grounds that the Seoul Central District Court 2010Kahap132690 (hereinafter “Seoul Central District Court”) purchased a written resolution, and infringed upon the union members’ voting rights and the right to attend a general meeting on October 16, 2010, and was sentenced to a favorable judgment from the said court on August 25, 201. The Defendant appealed by Seoul High Court 201Na70970 (hereinafter “Seoul High Court”), but on November 21, 2012, the said judgment became final and conclusive around that time.

4) Meanwhile, on January 21, 2013, the Defendant sought confirmation of the absence of a loan obligation with the financial institutions that lent the instant business funds by Seoul Central District Court 2013Gahap5195. On the other hand, the Defendant filed a lawsuit seeking confirmation of the absence of a loan obligation with the manager AM as the primary Defendant. On April 29, 2014, the Defendant dismissed the Defendant’s claim against the said financial institutions by the above court against the Defendant, and the Defendant’s administrator’s repayment of a loan and a promissory note payment obligation with respect to AM did not exist in excess of 69,434,197,728 won.

The judgment was rendered that the defendant and the receiver appealed the Seoul High Court No. 2014Na29683 and the appeal is pending at the present appellate court.

C. Conclusion of the plaintiffs' sales contract

1) Meanwhile, according to the resolution of the special general meeting held on June 18, 2009, the Plaintiffs and the Defendant on March 3, 2010.

11. By no later than October 16, 201, a new partnership subscription agreement reflecting the additional contributions as stipulated in the above general assembly resolution was made, and after the special general meeting was made, a new partnership subscription agreement covering the additional contributions as stipulated in the above general assembly resolution was entered into again with the following items as the sale price reflecting the additional contributions as stipulated in the above general assembly resolution (hereinafter “instant partnership subscription agreement”). Since November 201, a special agreement was entered into with the Defendant and K as to the above union subscription agreement was entered into.

1.267,708,740,740,740,7407,7407,7407,7407,7407,7407,7407,2047,7407,7407,7407,7407,7407,2047,7407,7407,7407,7407,2047,7407,7407,7407,7407,167,2047,740,707,7407,7406,740,707,7406,740,740,740,740,740,740,704,77,104,67,204,306,740,740,704,104,

17Q2011. 12. 20.104 동 1204호632,847,000원423,387,000원209,460,000원18R2010. 11. 30.106동 804호632,847,000원0 원632,847,000원19S2011. 12. 22.104동 1402호632,847,000원416,517,000원216,330,000원20T2010. 11. 30.104동 704호632,847,000원0 원632,847,000원21U2010. 12. 29.104동 1004호632,847,000원399,997,000원232,850,000원22V2010. 11. 26.107동 7이호632,847,000원385,807,000원247,040,000원23W2013. 10. 21.106동 1603호632,847,000원50,000,000원582,847,000원24X2010. 11. 29.105동 10()1호632,847,000원371,657,000원261,190,000원25Y2010. 11. 25.106동 903호632,847,000원477,927,000원154,920,000원26Z2013. 10. 21.104동 702호632,847,000원399,997,000원232,850,000원27AA2010. 11. 30.104동 1202호632,847,000원0 원632,847,000원28AB2013. 9. 23.107동 1001호632,847,000원423,387,000원209,460,000원29AC2013. 10. 21.105동 1303호632,847,000원138,000,000원494,847,000원30AD2010. 12. 20.106동 1404호632,847,000원0 원632,847,000원31AE2011. 1. 25.104동 504호632,847,000원411,767,000원221,080,000원32AF2011. 1. 25.106동 1303호632,847,000원345,437,000원287,410,000원33AG2010. 11. 25.104동 1304호632,847,000원309,867,000원322,980,000원34AH2013. 9. 23.104동 801호632,847,000원359,907,000원272,940,000원

2) Of the instant agreements and special agreements, the contents pertaining to the instant case are as follows.

m. Agreement to join the association of this case

Article 1 (General Provisions) The Defendant and the U.S. E.C. E. E.C. (hereinafter “E.C. E. E.C. 3”) supply one apartment unit to the members of the association, and the members of the association, who completed the full payment of the members’ contributions and the agency service expenses in accordance with the construction contract and the project schedule, with an apartment unit of 84.89 square meters (Provided, That the Gu’s supply area is the average area of the final project plan plan subject to 108.40 square meters; the change of the project plan or the construction completion inspection area, and the future supply area may be increased or decreased by lot of the same subparagraph and number of houses). The members shall be qualified as housing members as prescribed in Article 32 of the Housing Act

Article 4 (Contributions to Members)

(1) Members are to pay contributions as follows:

【As indicated in the table of Paragraph 1]

(2) Members shall pay contributions to the designated account referred to in paragraph (3) of this Article within the designated date, without error, in accordance with the following schedule of payment of contributions:

Article 9 (Procedures for Occupancy)

(1) Members of a cooperative may inspect the objects of construction in advance on the date of pre-inspection notified by the defendant and Escenz before 30 days prior to the completion of construction works, and at the same time notify the payment of balance and the scheduled date of occupancy.

(2) Where a member moves into a designated occupancy date, he/she shall pay the balance and unpaid amount, late interest on loans, interest on loans, relocation expenses, etc., and shall pay all necessary expenses by preparing documents for the registration of ownership transfer and other matters necessary for occupancy.

X. (Transfer of Ownership)

(2) A cooperative member shall bear all expenses (acquisition tax, registration tax, stamp tax, other public charges, and certified judicial scrivener fees) required for the registration of the transfer of ownership under the name of the cooperative member for the partnership apartment under the name of the cooperative member as a result of the full payment of contributions to the defendant and the completion of the public study and adjustment thereof after the completion of the building.

(3) Each member shall carry out the provisions of paragraphs (1) and (2) of this Article in accordance with the notification given to the defendant and the U.N.C., and the responsibilities arising from neglecting such provision shall be imposed on the member.

Article 12 (Rights and Obligations)

The defendant and the U.S. E.C. Institute have a duty to deliver a contract to join the association on the premise that there is no error in the members' contributions and the payment of agency service charges, and to supply one apartment household to the association members in accordance with the construction contract concluded with the contractor.

(5) The defendant shall proceed with the contributions of the members under Article 4 (2) as project expenses and return the remaining amount to all the members, and, on the contrary, if the project expenses fall short of the project expenses due to the defendant's debt burden, etc., the members of the association shall be divided equally with the defendant's members (the single member, the non-permanent member, and the first member) and shall be the amount

【Special Terms and Conditions concerning the Agreement on the Admission to the Association

Article 3 (Contributions to Members)

(1) The defendant shall regard the contributions of members under Article 4 (1) of the subscription contract as the final contribution, and make a final contribution.

Notwithstanding the agreement, if a partner is required to pay additional contributions, AK guarantees that there is no claim for all the amounts other than the final contributions of the partner (the individual contributions referred to in paragraph (3) of this Article) with respect to the contributions of the partner: Provided, That AK has jointly and severally guaranteed the contributions of the member, and the defendant and the members of AK shall not claim against AK all the other liquidated damages for delay and delay prior to the conclusion of this special agreement.

Article 5 (Other)

4. The terms and conditions of this special agreement shall take precedence over the terms and conditions of the agreement.

D. Use inspection of the defendant's apartment of this case and registration of ownership preservation, etc.

1) On September 24, 2013, the Defendant underwent a pre-use inspection on the instant apartment newly constructed by the head of Dongjak-gu, the head of the Gu, and then set the occupancy period from September 27, 2013 to November 27, 2013 to the Defendant’s members, including the Plaintiffs.

2) On the other hand, on October 30, 2013, after the registration of preservation of ownership has been made under a request for a provisional seizure made by a defendant against AK as the debtor, on November 29, 2013 with respect to the apartment of this case, the registration of ownership in the name of the defendant, 136 members of the defendant association, 136 members of the truster and beneficiary, and the trust registration stated in Paragraph 1 of the disposition made by the trustee as the defendant (hereinafter referred to as the "trust registration of this case"). Article 7 Paragraph 1 of the trust clause included in the trust ledger of the above trust registration in the trust registration of this case provides that "the trust is terminated when the housing construction has been completed (the date of use inspection) and the beneficiary is entitled to transfer ownership (such as contributions, taxes and public charges, etc.) upon payment to the trustee."

3) The Plaintiffs paid to the Defendant in full the contributions, taxes and public charges, expenses for preservation registration, etc. set forth in the agreement to join the association of this case and the Defendant’s occupancy guide, and the charges, public charges and public charges, and expenses for preservation registration set forth in the notice on the payment of contributions, or the seizure from the creditors was

For this reason, a part of the above amount was deposited on the basis of Article 248(1) of the Civil Execution Act.

4) Since then, when the plaintiffs sought the implementation of the procedure for the registration of ownership transfer of the apartment in this case against the defendant, the defendant requested AK to reply on May 30, 2014 to the amount of the shares to be paid by each member of the association and the security measures therefor. On June 11, 2014, AK sent an official letter to the effect that, after entering into a special agreement on the joining agreement of the association in this case for the defendant, only for the members who fully paid the shares under the above joining agreement of the association in the future, if the defendant's legitimate shares of additional shares of the shares are resolved to be paid by the members of the association in the future, the above additional shares of the shares to be paid by the members of the association in full.

E. The defendant association agreement

VII.(I) The definitions of terms used in this Code shall be as follows:

(2) Contributions (or contributions): All amounts including land rents and construction expenses to be paid by members to the Association in accordance with the present regulations.

Article 10 (Rights and Duties of Members)

(1) Members shall have the following rights:

1. Right to request the association to supply housing determined by its business plan;

(2) Members shall perform the following duties:

1. Obligations to pay contributions (operating expenses of cooperatives, land purchase expenses, construction expenses, etc.);

Article 22 (Matters to be Resolved by General Meeting)

(1) The following matters shall be determined through a resolution at a general meeting:

7. Details of allocation for each member of the project;

Article 32 (Imposition and Collection of Charges)

(1) The Cooperative may impose and collect expenses, such as housing construction project costs, from members to appropriate them for expenses incurred in implementing the projects.

(3) Members of a cooperative shall bear the expenses incurred in carrying out its operations and shall pay the said contributions in accordance with this Code.

Article 45 (Occupancy, etc.)

(2) When a cooperative completes construction works and receives a certificate of usage inspection, it shall notify the partners of the occupancy date.

(3) A union member shall, when he/she moves into a zone on the date of occupancy designated under paragraph (2), pay any balance, impose a union member's charge, late payment charge, etc. In full, he/she shall not allow any person who fails

(4) Where the union has notified the occupancy pursuant to paragraph (2), it shall, without delay, take necessary measures to enable the general public to file an application for registration by owner, and the procedures for registration of relocation shall be implemented for those sold to the general public among the business site and constructed facilities after registering the ownership in

Article 48 (Performance of Obligations and Disposal of Residual Property)

Members at the time of dissolution, if any obligations and remaining properties of the partnership remain after completion of liquidation.

shall be distributed fairly in proportion to the rights of such person.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 13 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1, 2, 4, and 6, the purport of the whole pleadings

2. The plaintiffs' assertion

As long as the defendant completed the apartment of this case and completed the inspection for use, the plaintiffs paid in full the contributions set forth in the contract for joining the association of this case, the defendant is obligated to cancel the registration of the trust of this case and implement the procedure for the registration of ownership transfer on the ground of reversion of trust property.

B. Defendant’s assertion

The resolution of the special general meeting of the Defendant on October 16, 2010 was invalidated by a final judgment, and in the related litigation (Seoul High Court 2014Na29683), the existence and amount of the Defendant’s financial institutions and AK’s obligations, etc. are not determined, and the amount of the Defendant’s shares is currently calculated as the amount of the Defendant’s shares.

As long as the plaintiffs cannot be said to be null and void, even if they paid the contributions prescribed in the resolution of special general meeting of October 16, 2010 to the defendant, they cannot be deemed to have fulfilled the obligation to pay the contributions prescribed in Article 45 (3) of the Rules of the defendant association. Thus, the defendant has no obligation to implement the procedure to cancel the registration of the trust of this case and the procedure to transfer ownership of the apartment of this case

3. Determination

A. As seen above, the Defendant completed a pre-use inspection on the instant apartment completed on September 24, 2013 and notified the Plaintiffs of occupancy. Furthermore, the aforementioned facts and arguments are as follows: ① Articles 9 and 10 of the joining Agreement of the instant association and Article 45 of the Rules of the Defendant association provide that the Defendant shall complete the instant apartment and receive a pre-use inspection certificate, and shall notify the members of the payment of various expenses, such as the date of occupancy and the amount of contributions, and then make the pre-use registration procedure to the members after being notified of the contributions from the members after being given the completion of the instant apartment and received a completion inspection certificate, and the Defendant shall make the pre-use registration procedure to the Plaintiff after being invalidated of the resolution of the special pre-use meeting as of October 16, 2010. The Plaintiffs notified the Plaintiffs that the additional contributions under the joining Agreement of the instant association should be paid in full, and even if the additional contributions were to be paid in installments by the Defendant’s members in accordance with the aforementioned notification, the Defendant shall separately determine the remaining contributions under the 200.

In addition, there is room for liquidation under Article 48 of the rules of the defendant association. (3) Furthermore, Article 3 (1) of the special agreement on the joining agreement of the association of this case concluded between the plaintiff and the defendant and AK agreed not to demand the plaintiffs to pay the additional contributions in excess of the contributions stipulated in the above joining agreement of the association, and later AK sent a public notice to the defendant around June 11, 2014 that the plaintiffs would bear the additional contributions in excess of the contributions stipulated in the joining agreement of the association of this case. As a result, AK promised to pay the plaintiffs and the defendant an additional contributions in excess of the amount stipulated in the new joining agreement of the association of this case on behalf of the plaintiffs. (4) In light of the defendant's special agreement on the joining agreement of the association of this case which was concluded between the plaintiff and the defendant, the plaintiffs did not pay the additional contributions in excess of the amount stipulated in the new joining agreement of this case on October 16, 2010.

B. Therefore, the defendant is obligated to perform the procedures for the registration of cancellation of the trust registration of this case with respect to each of the above real estate stated in the column for "the date on which the trust property of the attached Table" is reverted to the plaintiffs as to each of the above real estate, as stipulated in Article 45 (2) and (4) of the Rules of the defendant association and the contract of this case to join the association of this case. Accordingly, since the trust contract of each of the above real estate between the plaintiffs and the defendant is terminated in accordance with Article 7 (1) of the Trust Clause, the defendant is obligated to perform the procedures for the registration of cancellation of the trust registration of this case concerning each of the above real estate.

4. Conclusion

If so, each claim of the plaintiffs is justified and accepted.

Judges Park Jong-dae

Judge Han-dong

Judges Kang Sung-young

1) On April 1, 201, AK, the contractor of the instant project, received a decision to commence rehabilitation procedures as Seoul Central District Court 201 Gohap34 on April 1, 201, a provisional decision as of September 30, 201, and on September 25, 201, AM was appointed as a custodian of AK.

2) The defendant provided a detached house owned in the project site of this case and joined the association, 'one single member in the case of providing a detached house owned in the project site of this case', 'one member in the case of being admitted to the association', 'one member in the case of being admitted to the association, 'one member in the case of being admitted to the association during the business beginning period of the defendant', 'one member in the case of being admitted to the association'. 'general member in the case of being invited to be newly

3) However, the E, M,W, Z, AB, AC, and AH’s membership agreement (Evidence 5-5, 13, 23, 26, 26, 28, 29, 34) that entered into an agency contract with the Defendant on or around December 201, and the contract was terminated on or around December 201. Accordingly, the E, M, Z, AB, AC, and AH’s membership agreement (Evidence 5-5, 5, 13, 23, 26, 28, 29, 34) that entered into a modified partnership agreement with the Defendant is not a member of the E, M, Z.

Table of Real Estate

A person shall be appointed.

List

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.