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(영문) 서울중앙지방법원 2015.12.24 2014가합54491
소유권보존등기말소등
Text

1. The part of the Plaintiff’s claim for confirmation of ownership among the lawsuits against Defendant Mancheon Construction Co., Ltd. is dismissed.

2...

Reasons

1. Basic facts

A. 1) The Plaintiff removed a house A located in Seodaemun-gu Seoul and D, Seodaemun-gu, Seoul, and the apartment on its ground (hereinafter “instant apartment”).

2) A reconstruction project (hereinafter referred to as “instant reconstruction project”)

The Plaintiff’s articles of incorporation (No. 7) drafted around July 27, 200 with 16 owners of A housing as its members and obtained authorization for establishment on July 27, 2000. In order to promote the project, the Plaintiff’s articles of incorporation (No. 7) made up at the time of the said establishment is as follows. ① The Plaintiff invested in kind the land owned by the association members within the project zone in kind, and build multi-family housing (multi-family housing), commercial buildings, and other units and welfare facilities by designating a housing developer under the Housing Construction Promotion Act as a contractor. In such cases, the housing developer of the reconstruction association shall be joint owners. The management and disposal plan on the property owned by the association members under Article 37 (Standards for Management and Disposal Plans) shall be formulated in accordance with the following guidelines. 1. The Plaintiff supplied multi-family housing to one member, however, supplied multi-family housing (16 households) on April 22, 2002, the Plaintiff concluded a construction contract for multi-family housing with its exclusive use area 24.08 square meters (hereinafter “construction project”).

3) The Plaintiff held an extraordinary general meeting on October 17, 2002 and held a special general meeting and thereby, Defendant Mancheon Construction Co., Ltd. (hereinafter “Defendant Mancheon Construction”).

A resolution to select a contractor shall be made, and an application for the modification of the housing construction project plan following the modification of the contractor shall be approved on October 30, 2002.

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