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(영문) 서울동부지방법원 2014.12.30 2013가합17559
정산금
Text

1. The defendant

A. Of the plaintiffs, the following subparagraphs are excluded from the plaintiffs and plaintiffs R, BA,CC, and CDs:

Reasons

1. Basic facts

A. The parties concerned association is a partnership established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 11293, Feb. 1, 2012; hereinafter “Urban Improvement Act”) to implement a reconstruction project for the DX apartment (hereinafter “instant apartment”) constructed on the land outside Gangdong-gu Seoul Metropolitan Government and 2 lots (hereinafter “instant rearrangement zone”). The plaintiffs are entitled to receive monetary liquidation since they did not file an application for parcelling-out in the procedure for parcelling-out of the instant project, as they did not fall under the status of the members of the association. The plaintiffs are entitled to receive monetary indication in the registration status of each of the instant real estate in attached Form 2 as stated “real estate indication” among the registration status of each of the instant real estate in attached Form 2 and each apartment unit of exclusive ownership in the same attached Form for the purpose of site ownership (hereinafter collectively referred to as “each of the instant real estate”).

B. 1) Prior to the amendment of the project implementation plan, the defendant association obtained consent from the owners of the apartment of this case, including the plaintiffs, on October 8, 2009 and then obtained the consent on the reconstruction resolution from the owners of the apartment of this case.

(2) On October 19, 2009, upon obtaining the authorization to establish a housing association from the head of Gangdong-gu Housing Association, the Defendant Mutual Association completed the establishment registration on October 19, 2009. Afterward, the Defendant Mutual Association passed a resolution on the project implementation plan consisting of 1,030,295,856,000 won for the project expenses on November 7, 2010 to 2,200 members present, 2,125 (82.65%) from among 2,571 members, and on April 5, 2011, the Defendant Mutual Association obtained the approval of the project implementation plan from the head of Gangdong-gu Office to establish a management and disposal plan based on the instant project implementation plan (hereinafter referred to as “first application for parcelling-out”).

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