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(영문) 서울남부지방법원 2018.09.11 2017가단256853
소유권이전등기등(현금청산)
Text

1. The defendant shall receive KRW 438,800,000 from the plaintiff and at the same time real estate stated in the attached Table to the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is the party’s position 1) The Plaintiff is the Gangseo-gu Seoul Metropolitan Government and 5,032 m2.3m2 (hereinafter “instant business area”).

(2) In the case of the Housing Reconstruction Improvement Project (hereinafter “instant Project”)

(2) In order to implement the project, the Plaintiff was the Plaintiff’s member, who owned the real estate indicated in the attached list of real estate (hereinafter “instant real estate”) located within the instant project area and obtained authorization for establishment from the head of Gangseo-gu Seoul Metropolitan Government on September 9, 2009 and completed the registration of establishment on November 19, 200 of the same year.

B. On September 29, 2017, the Plaintiff received project implementation authorization from the head of Gangseo-gu Seoul Metropolitan Government on September 29, 2017, and the project implementation authorization was publicly announced on October 11, 2017. On October 12, 2017, the period for application for parcelling-out was set from October 12, 2017 to November 11, 2017 and notified the Plaintiff’s members, including the Defendant, of the guidance for application for parcelling-out. 2) The Defendant did not apply for parcelling-out to the Plaintiff by November 11, 2017, which is the expiration date of the said period for application for parcelling-out.

3) On December 1, 2017, the Plaintiff notified the Defendant that he/she was subject to cash settlement due to the Defendant’s failure to file an application for parcelling-out, and sent a notice of consultation to require consultation by calculating the liquidation amount to KRW 426,750,00 as the period of consultation, and by calculating the liquidation amount to KRW 426,750,000. However, the Plaintiff and the Defendant did not reach an agreement between the Plaintiff and the Defendant. (4) On December 21, 2017, the Plaintiff held an extraordinary general meeting on December 21, 2017, resolved with the consent of 58 members present among the 666 members, and was subject to an administrative disposition plan by the head of Gangseo-gu Seoul Metropolitan Government.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 12, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination as to the cause of action

A. Relevant legal principles are amended by Act No. 12116, Dec. 24, 2013; hereinafter referred to as the “Gu”).

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