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(영문) 의정부지방법원 2017.12.22 2016나61338
기타(금전)
Text

1. The judgment of the court of first instance is modified as follows.

Of the instant lawsuits, the portion of the claim amounting to KRW 77,521,500.

Reasons

1. Basic facts

A. Party status 1) The Plaintiff Union was established on November 19, 2002 in order to remove existing buildings and reconstruct apartment houses on the ground of the Plaintiff Union’s government city C, D, and E, and approved by the Government mayor pursuant to the former Housing Construction Promotion Act (Article 2 of the Addenda to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, Act No. 6852, Jul. 1, 2003) and completed the registration of incorporation on July 31, 2003 (hereinafter “Urban Improvement Act”).

The main text of Article 10(1) of the Addenda (amended by Act No. 6916, Dec. 30, 2002) provides that "any association which has obtained authorization for establishment of a cooperative under the previous Act shall be deemed a juristic person under this Act by registering at the seat of its main office pursuant to Article 18(2) of the Addenda," and in light of the contents and purport of the above provision, even if the administrative agency issued approval for establishment of a reconstruction association under the former Housing Construction Promotion Act (wholly amended by Act No. 6916, May 29, 2003), the Urban Improvement Act was implemented, and the said reconstruction association completed the registration of establishment pursuant to Article 10(1) of the Addenda of the Urban Improvement Act (amended by Act No. 6916, Dec. 30, 2002), it shall be deemed that the reconstruction association was a public corporation (Supreme Court Decision 201Da51540, Sept. 4, 2014). 205).

3) Meanwhile, on February 6, 2003, the secretary general of the Government Tax imposed the above real estate, and the Defendant acquired the above real estate on November 5, 2003 and completed the registration of ownership transfer under the name of the Defendant, and thereafter became a member of the Plaintiff Union. (B) The Plaintiff Union’s contribution payment resolution 1).

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