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(영문) 수원고등법원 2020.06.18 2020나12260
이익금 분배 청구
Text

1.On the claim that this Court alters in exchange:

A. The Defendant’s No. 10 at the General Assembly of Members on April 27, 2019

Reasons

1. Basic facts

A. Relevant party 1) The Defendant is a business that constructs and supplies apartment and commercial buildings on the ground of the above land, consisting of the members of Ansan-si Q2 and the owners of apartment and commercial buildings on the ground of the above land (hereinafter “instant rearrangement project”).

In order to implement the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on May 28, 2009

(2) The Plaintiffs are those who independently or jointly own some of the commercial buildings in a rearrangement zone, and are those who become partners by consenting to the establishment of the Defendant.

B. (1) On March 14, 2015, after obtaining the approval of a project implementation plan on the instant improvement project, the Defendant held a general meeting of partners and passed a resolution on the establishment of the management and disposal plan on March 14, 2015, and around that time, obtained the approval of the management and disposal plan from the Ansan market. (2) The above management and disposal plan included details on the rights of partners and the calculation standards for the amount of the rights of partners (see attached Form 1), and the previous asset value of the commercial building was 6,646,671,60 won, and the last asset value was 6,359,400,000 won, respectively.

3) On January 10, 2019, the Defendant paid 287,271,600 won (i.e., 6,646,671,600 won - 6,359,400,000 won) to the representative of a commercial building member (the former member of a commercial building (the former member of the commercial building) including the Plaintiffs) and the latter member of the commercial building (i.e., 6,646,671,600 won - 6,359,400,000 won).

2 R sold part of the apartment houses newly built in accordance with the instant improvement project to non-members, and calculated the proceeds from the sale of the apartment houses in accordance with the contract with the Defendant and paid them to the Defendant.

The intermediate distribution of settlement money shall be made.

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