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(영문) 대전지방법원 2014.06.18 2013가합8179
배당이의
Text

1. As to the distribution procedure case of Daejeon District Court, the Defendants are included in the distribution schedule prepared by the said court on September 30, 2013.

Reasons

1. Basic facts

A. Defendant C Housing Redevelopment and Improvement Project Association (hereinafter “Defendant C Housing Redevelopment and Improvement Project Association”) is a cooperative established to implement a housing redevelopment improvement project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) in Mapo-gu Seoul Mapo-gu Seoul (hereinafter “instant project zone”), and Defendant CS Construction Co., Ltd. (hereinafter “Defendant CS Construction”) entered into a construction contract on housing redevelopment projects within the instant project zone with the Defendant Union, and the Plaintiff and Plaintiff’s Intervenor (hereinafter “ Intervenor”) owned land, etc. in the instant project zone.

B. 1) The Mapo-gu Seoul Metropolitan Government Head of Mapo-gu Office (hereinafter “head of Mapo-gu”) on November 29, 2006 after obtaining written consent from the owner of the land, etc. in the instant project zone to establish the CHousing Redevelopment Project Promotion Committee, a telegraphic body of the Defendant Union.

(2) The first disposition of authorization to establish an association (hereinafter “the first disposition of authorization to establish”)

(2) However, in the first instance court (Seoul Administrative Court 2009Guhap46146), the first instance court rendered a ruling of dismissal of the lawsuit against the head of Mapo-gu to seek confirmation of invalidity of the initial establishment of the association. However, in the appellate court (Seoul High Court 2010Nu27761), the appellate court (Seoul High Court 2010Nu2761) declared that the initial disposition of approving the establishment of the association was invalid, and the Defendant’s association appealed, but the final judgment of the appellate court became final and conclusive (Supreme Court 201Du1968

The defendant union filed a complaint, and the defendant union received a written consent for the establishment of the union again from its members on May 31, 2010, and obtained the authorization for the establishment of the union from the head of Mapo-gu office (hereinafter referred to as "the first disposition for the authorization for the establishment of the

3. The project area of this case thereafter.

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