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(영문) 서울중앙지방법원 2012.09.06 2012가합11100
약정금
Text

1. The Defendant (Counterclaim Plaintiff)’s liability for all members’ contribution to the Plaintiff (Counterclaim Defendant) does not exist.

Reasons

1. Basic facts

A. The Defendants succeeded to the status of the original resident who owns or occupied the land or house in the Dongjak-gu Seoul Metropolitan Government N Group, where the L Area Housing Association (the president M; hereinafter “former Association”) established under the Housing Construction Promotion Act (wholly amended by Act No. 6916 of May 29, 2003) is implementing the housing reconstruction project (hereinafter “instant project”) around August 2002.

B. The Plaintiff association is a partnership established by the Housing Act after the dissolution of six cooperatives including the pre-integrated association established in the Dongjak-gu Seoul N Group, the O-regional housing association, etc. The Plaintiff association held an inaugural general meeting on June 24, 2006 and implemented the housing reconstruction project after obtaining authorization for the establishment of the Housing Association on February 22, 2007. The president of the pre-integrated association held office as the president of the Plaintiff association until August 2, 2009. The Plaintiff association is composed of approximately 1,242 members as members of the Plaintiff association (the Plaintiff association acquired the status of the union members or succeeded to the status of the union members after obtaining additional recruitment approval after the establishment authorization for the Plaintiff association was granted), approximately 70 members of the Plaintiff association (the former union members of the pre-integrated association), approximately 330 members of the Plaintiff association (the first union members of Q20 members of the workplace stock company themselves or their successors).

C. Prior to the integration, the Defendants, who own or possess a large number of land, etc., among the relevant project sites, need to be admitted to the association members for the success of the instant project. As such, on November 19, 2002, the integrated association set the following terms of purchase between the Doxx Co., Ltd. (hereinafter “Doxxxxc”) and the Plaintiff, an agent.

(1) Exchange (R, S, T, U) with one household at 25 square meters in size on the register of private land where only the size recorded on the register of 2,50,000 won or more of the house occupied by non-owned household per the first purchase condition classification of purchase terms and conditions is recognized, and exchange (R, S, T, W, or X) with one household at 25 square meters or more on the register of private land where the exception to access roads is applied.

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