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(영문) 서울고등법원 2013.08.13 2011나12646
소유권이전등기
Text

1. Revocation of a judgment of the first instance;

2. The Defendants:

A. An apartment set forth in [Attachment 2] No. 2 to the Plaintiff B.

Reasons

1. Basic facts

A. (i) From around 2002, Y was promoting the establishment of a regional housing association on May 15, 2006 for a new apartment project (hereinafter “instant project”) in the Gwanak-gu Seoul Special Metropolitan City AK from around 202, and held an inaugural general meeting of “AH association” by convening 20 land owners, including the Defendants.

The inaugural general meeting adopted the articles of incorporation and appointed Y as the representative, Defendant Q, V, and W as the director, and Defendant U as the auditor.

The articles of association of the HaH association stipulate the following matters:

Article 5 (1) of the details of the division shall invest in kind the land and ground owned by the members in the project implementation district, and select a housing construction business operator (hereinafter referred to as "project operator") to be a joint project operator under the Housing Act and subordinate statutes, and build a primary complex building.

In such cases, AH association and housing construction project operators shall be joint project undertakers.

Provided, That only apartment houses may be constructed.

Article 8 (Qualifications for Membership) (1) The qualifications for membership shall be landowners (including co-owners) within a business area (or housing complex) executed by the partnership.

(2) Any person who obtains by transfer the right to become a partner in the course of sale, inheritance, gift, etc. prior to the approval of the housing construction project plan shall comprehensively take over the rights and obligations of the partner and the status of the previous right holder with respect to the disposition, procedure, etc. taken by the former right holder

Article 9. (1) Members shall have the following rights and obligations:

1. Right to request sale of buildings, etc. prescribed by a management and disposal plan;

5. Payment of dues and the amount of liquidation for delayed loss;

6. Other Acts and subordinate statutes, regulations, bylaws, general meetings, etc. (4) Members are obligated to submit documents necessary for the implementation of a new house construction project if requested by the association, and they may not be recovered unless they consent to the association.

Article 12 (1) An executive shall be a cooperative.

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