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(영문) 서울중앙지방법원 2012.02.09 2009가합115149
손해배상
Text

1. The defendant's KRW 62,00,000 per annum for each of the plaintiffs and 5% per annum for the period from November 3, 2009 to February 9, 2012.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the statements in Gap's 1 to 7, 9, 10, 15, 17 to 21, 23, 24, 25, 27 to 31, 33 to 38, Eul's 1 to 9, 13 to 18, 20, 222 (including the number of branch numbers), the appraisal results and the whole arguments.

The defendant is a reconstruction association established pursuant to the former Housing Construction Promotion Act for the purpose of rebuilding a D apartment complex (hereinafter referred to as the "former apartment complex") which was constructed on the ground of the Gangnam-gu Seoul Metropolitan Government and 2 lots, and obtained approval for the establishment of the reconstruction association on October 10, 200 and obtained the approval for the establishment of the reconstruction association on March 11, 200, and the plaintiffs were the sectional owners of the previous apartment complex.

B. Defendant’s establishment and reconstruction resolution 1) The former apartment was composed of 258 households in total (230 households, commercial building 28 households). Of the sectional owners of the previous apartment of this case, 178 persons among the sectional owners of the previous apartment of this case hold an inaugural general meeting on August 20, 200 and establish the Defendant, and with the consent of the said 178 sectional owners and 30 sectional owners, the reconstruction resolution to remove the previous apartment of this case and build new apartment on the ground thereof (hereinafter “the first reconstruction resolution of this case”).

2) After October 10, 200, the Defendant obtained the authorization for the establishment of a housing association from the head of Gangnam-gu Seoul Metropolitan Government on October 10, 200, and at the time of obtaining the said authorization for the establishment, the number of members was 238.

According to the list of association members submitted with the certificate of completion of the establishment of the housing association (amended) (No. 38), the number of the defendant's association members is 258. The above list of association members includes the plaintiffs. 3) On the other hand, some of the former apartment owners, including the plaintiffs, filed against the defendant a lawsuit to nullify the invalidity of the resolution of the general assembly (Seoul Central District Court 2003Ga64102) confirming that the first reconstruction resolution of the apartment of this case is null and void.

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