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(영문) 서울중앙지방법원 2013.05.02 2010가합74749 (1)
공유물분할
Text

1. As to 17,198.3 square meters in Seoul, Gangnam-gu, Seoul, and 1,798.1 square meters in V:

A. The above U.S. 17,198 square meters are owned by the Plaintiff.

Reasons

The Plaintiff Union and ZA’s representative AA, on August 23, 2004, drafted a new written agreement with the following terms and conditions, and on September 4, 2004, drafted a written confirmation stating that “The sectional owners of ZA are responsible for and purchase the shares of B apartment owners of the instant land within the instant V.”

1. A (referring to a plaintiff's association; hereinafter the same shall apply) aims to implement the separation of shares in the ownership of B (referring to a representative in the area of Z; hereinafter the same shall apply) in promoting the reconstruction of B apartment;

2. Eul shall require Gap to submit a rebuilding agreement form for reconstruction of the owners of commercial building shares necessary for authorization of the reconstruction association.

3. A promises to sell the shares owned by B apartment 3-8 residents in V (after obtaining approval of the project) to B preferentially at the time of sale, depending on the progress of reconstruction.

4. Of the new construction of 3-8 reconstruction, V parts are excluded.

*Attachment: A notary public of the agreement dated December 12, 2002, and the instant protocol of mediation

7. Reference to the foregoing Attachments, Gap and Eul are responsible for and run after the approval of the project.

2) Accordingly, on August 23, 2006, the Plaintiff Union made an agreement between the representative AA of the Z on August 23, 2006 (hereinafter referred to as the “Agreement of August 23, 2006”) with the following contents:

1. The co-ownership shall be arranged in principle by a state agency. 2. The co-ownership facilities (management office, mother center, main machine room, chimney, etc.) located in a commercial building shall be, in principle, a estimate for construction at the time of reconstruction of B apartment reconstruction. 3. The project area shall be separated in accordance with the ABAC high density apartment zone development master plan (2.1.2) of Seoul Metropolitan Government; 4. The separation of the project area shall be legally and administratively reasonable and shall be discarded if any side is unilaterally favorable or at a disadvantage. 5. The Cooperative shall submit a report on the withdrawal of a member of a commercial building to the Gu Office. 3.) On the other hand, the Cooperative shall report on the withdrawal of a member of the commercial building.

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