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(영문) 의정부지방법원 2020.06.03 2018가합58585
현금청산금 청구의 소
Text

1. The defendant,

A. Trading on November 1, 2016 with respect to the shares of co-owners listed in paragraph (1) of the attached list from Plaintiff A.

Reasons

1. Basic facts

A. The Defendant is a maintenance and improvement project association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), which is established for the purpose of the purpose of “the removal of old age and competitiveness-free buildings within the project site and the construction of new buildings on such land, thereby contributing to the smooth formation of business district and the improvement of quality,” and the Plaintiffs are all members of the Defendant.

B. On June 30, 2006, the defendant obtained authorization from the old market to establish the association, and completed the registration of incorporation on July 10, 2006.

After that, the defendant concluded a trust contract with the plaintiffs as to each co-owner's share in the "co-owner's share" as of the date stated below, and completed each share transfer registration as stated in the "registration date and receipt number" column as stated in the above trust contract.

[ table] The trust contract date and receipt number of Plaintiff A’s co-owner’s share trust contract date and each trust contract execution date, and Paragraph (1) of Paragraph (1) of [Attachment A] No. 6057 of [Attachment A] No. 6057 of [Attachment B] No. 2 of [Attachment B] No. 1126 of Jan. 21, 2009, Jan. 21, 2009, and Paragraph (b) of [Attachment B] No. 2-B of [Attachment B] No. 16971 of May 23, 2007, No. 16969 of May 23, 2007, and Paragraph (3) of the [Attachment C] No. 16969 of May 23, 2007

C. The Defendant received an authorization to implement the project on September 19, 2007 from the old market, and the authorization to implement the project on December 28, 2007, respectively, but suspended the project.

On February 26, 2016, the Defendant obtained a project implementation authorization for the following: “Building area: 3,223.01 square meters; building-to-land ratio: 67.05%; total floor area: 50,577.615 square meters; and volume ratio: 721.81%: 4%; ground level; multi-family housing (29 units); business facilities (29 units); sales facilities.”

On September 19, 2016, after the project implementation authorization was approved, the Defendant shall determine the period for application for parcelling-out to its members on September 20, 2016, as "from September 20, 2016 to October 20, 2016, and notify the application for parcelling-out to its members, and the following details are as follows

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