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(영문) 서울중앙지방법원 2014.08.14 2013가합549534
소유권이전등기
Text

1. The Plaintiff (Counterclaim Defendant)’s trust of coconck assets with Defendant Co., Ltd., and the Defendant (Counterclaim Plaintiff) B Housing Association.

Reasons

1. Basic facts

A. The Defendant Cooperative shall be a regional housing association under the Housing Act established for the purpose of building and supplying apartment buildings with one project district of Seongdong-gu Seoul Metropolitan Government as a project district (hereinafter “instant project”); on October 18, 2007, after obtaining authorization for the establishment from the head of Seongdong-gu Seoul Metropolitan Government; on December 31, 2008, acquired the status of a project proprietor after obtaining approval for the construction of apartment houses with 297 households (hereinafter “instant apartment houses”); and the main contents of the rules of the Defendant Cooperative are as follows.

On the other hand, the plaintiff is an additional recruitment member who became a member of the defendant's association on June 10, 2008 after the above establishment was authorized.

Article 7 (Definitions of Terms)

4. Charges: All the amounts paid by partners to the cooperative to implement the projects of the cooperative, such as operating expenses of the cooperative, land purchase expenses, and construction expenses;

5. First member: A person who succeeds to the status of an association member at the time of authorization for establishment; and

6. Secondary association members: Members who have joined an association with an approval for additional recruitment after authorization for establishment of the association is granted. Article 10 (Rights and Duties of Association Members) (2) Members shall have the following obligations:

1. Obligations to pay charges (including operating expenses of cooperatives, land purchase expenses, construction expenses, etc.), etc., and obligation to pay losses (including delay of relocation, delay of contracts, delay of disputes between cooperative members, etc.);

3. Article 23 (Matters to be Resolved by General Meeting) (1) (1) The following matters shall be determined through a resolution of the general meeting of shareholders only for the members qualified as the members of the association;

7. The details of allocation for each member of the cooperative (including expenses for cooperative operation, expenses for purchase of land, construction expenses, etc.) and the charges for cooperative members (including expenses for cooperative operation, expenses for purchase of land, construction expenses, etc.) shall be imposed fairly by comprehensively taking into account all the conditions, such as the location, area, and current use of the housing, and environment

Where a member has a price difference by the unit, floor, and unit of housing of the association, he/she shall be the member.

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