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(영문) 서울서부지방법원 2017.10.25 2017가합30576
분양대금 청구
Text

1. The Plaintiff (Counterclaim Defendant), the Defendant (Counterclaim Plaintiff) B, and E respectively, KRW 82,450,00, and the Defendant (Counterclaim Plaintiff) D are KRW 68,321,780.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

Facts of recognition

A. On October 25, 2002, the Plaintiff was a regional housing association that obtained the authorization of establishment for the construction of apartment units in the Mapo-gu Seoul N department, and on December 28, 2005, the Plaintiff newly constructed seven apartment units on the ground of the above land by obtaining the approval of the project plan from the joint project proprietor and the 299 households on the above land (hereinafter “the instant apartment”). The Plaintiff obtained the approval of the use of the instant apartment units on December 29, 2009.

B. Around October 25, 2002, Q was changed to R on June 13, 2008, and around October 9, 2009, the head of the Plaintiff’s association changed to S, a head of the association, as the head of the association.

T is the representative director of the U.S. corporation who performed the plaintiff's execution by proxy from February 28, 2003.

C. The Defendants, around 2003, constitute an external partner who did not own land within the Plaintiff’s project site, either entered into a membership agreement with the Plaintiff and a regional housing association or succeeded to the status of the subscriber.

around August 209 and October 10, 2009, the Defendants occupied each of the instant apartment units in the corresponding section for exclusive use of the same subparagraph (each of the pertinent real estate by Defendant indicated in the attached list), and completed each of the above sections for exclusive use on February 26, 2010.

However, with respect to the land in which the apartment of this case is located (real estate No. 1 stated in the attached list), the registration of site ownership corresponding to each of the above sections of exclusive ownership was not completed.

However, on January 23, 2017, the Plaintiff completed the registration of site ownership to Defendant L.

[Reasons for Recognition] A without dispute, Gap evidence Nos. 1 through 12, 21, 24, 25, 27, Eul evidence Nos. 29 (including the serial number; hereinafter the same shall apply), and Eul evidence Nos. 29, the purport of the entire pleadings, and the judgment as to the claim of main claim for judgment as to the main claim of the lawsuit as to the main claim of the lawsuit as a whole, Defendant B, C, D, E, F, G, H, I, K, K, and L did not pass a resolution at the general meeting of the association members while filing the lawsuit of this case. Thus, the main claim of this case is unlawful.

A non-corporate body;

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