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(영문) 서울중앙지방법원 2019.07.18 2019가합506348
잉여금 청구의 소
Text

1. Subparagraph 8 agenda presented by the General Meeting of Dissolution held on September 8, 2018, upon the primary claim: Liquidation amount.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1, 2, and 1, 2, and 3:

The defendant is a reconstruction association established with the purpose of promoting the project of removing existing apartment and commercial buildings and rebuilding (hereinafter "the project of this case") on the land by the owners of the D apartment and commercial buildings in Gangnam-gu, Seoul, and the plaintiffs are the members of the defendant's commercial building that newly built the above project (hereinafter "Gu commercial building") while owning the above D apartment commercial building (hereinafter "Gu commercial building").

(hereinafter referred to as “multi-family member” and “multi-family member” of the member who owns a commercial building.

The defendant shall hold a board of representatives on August 16, 2018 to decide to hold a general meeting of dissolution where the amount of liquidation is distributed, etc. as an agenda item, and the same year.

9. 8. A general meeting for the dissolution, etc. of a cooperative (hereinafter “instant general meeting”) was held. The agenda items presented to the instant general meeting are the following cases: (a) the settlement of accounts in 2017 and the confirmation of the budget for operating expenses in 2018; (b) the cases of approval for the settlement of accounts in 2018; (c) the cases of approval for the dissolution and liquidation of a cooperative; (d) subparagraph 4: the cases of the composition of the liquidation committee and the appointment of a liquidator; (e) subparagraph 6: the case of the composition of the liquidation committee and the appointment of a liquidator; (e) the case of the resolution of the liquidation committee’s budget; (e) subparagraph 7: the case of the resolution of the liquidation committee’s budget; and (e) subparagraph 8:

C. The Defendant is the title of the agenda of the general meeting of this case remaining at the meeting of this case at the meeting of this case, which is the case No. 8, and the Plaintiffs stated in the second preliminary claim as “survable surplus”, and the articles of association state as residual property.

The name of the same kind is referred to as " residual property" in unification.

B It does not distribute apartment to the members of the commercial building, such as the plaintiffs.

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