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(영문) 서울중앙지방법원 2014.11.06 2014가합1091
청산금
Text

1. The Defendant: (a) each of the KRW 33,968,083, Plaintiff B, and C with respect to KRW 22,645,389 and each of the above amounts to Plaintiff A and D.

Reasons

1. Under the underlying facts, the following facts may be acknowledged by taking into account the descriptions of Gap evidence Nos. 1, 2, 3, 7, and 8, and the purport of the entire pleadings as a result of the market price appraisal conducted by appraiser F.

The defendant is a reconstruction association promoting reconstruction apartment project (hereinafter "project in this case") on May 18, 1995 with the authorization of establishment of May 18, 1995, and the plaintiff is a person who completed the registration of transfer of ownership with respect to the portion of 3/10, 2/10 in the name of plaintiff A, and 2/10 in the name of plaintiff A, D with respect to the land of 5, G, E, 17, Dong 17, Dong 17, Dong 17, Dong 17, Dong 17, Dong 17, Dong 17

B. The Defendant received the application for parcelling-out from the members from June 3, 2013 to July 13, 2013, and the Plaintiffs did not apply for parcelling-out to the instant association during the said period.

C. On July 14, 2013 following the date following the end of the period for application for parcelling-out, the market price of the apartment of this case is KRW 130,00,000.

On September 4, 2006, the registration of ownership transfer for the apartment of this case was completed on September 4, 2006, and the plaintiffs delivered the apartment of this case to the defendant at any time.

E. As the Seoul Central District Court received on September 8, 2006, the establishment registration of the apartment of this case was completed, the maximum debt amount of KRW 90,000,000, and the establishment registration of the neighboring bank, a debtor A, and the mortgagee A, a Korean bank.

(f) Of the Defendant’s articles of incorporation, the part concerning the relocation measures is as follows.

Article 35 (Relocation Measures) (1) Members to be removed from the housing due to the implementation of the project shall move at their own expense during the implementation of the project.

(2) A cooperative may arrange members who desire to support moving expenses to provide support by concluding an agreement with a financial institution directly, or by concluding an agreement with a constructor.

In such cases, the member who has received the relocation expenses shall be the land and building owned within the project implementation zone.

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