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(영문) 서울고등법원 2017.12.14 2016나2084253
청산금
Text

1. The judgment of the first instance court, including the claims expanded and reduced in this Court, shall be modified as follows:

Defendant.

Reasons

1. Basic facts

A. 1) The defendant union is the party to the dispute. The defendant union is the land of the So-gu So-gu L and 88 lots (hereinafter “instant business area”).

(1) A housing reconstruction project (hereinafter referred to as “instant reconstruction project”)

In order to implement the project, the housing reconstruction and improvement project partnership under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, which was authorized to establish the association on August 31, 2007, is the housing reconstruction and improvement project partnership under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents.

The plaintiffs are the owners of the real estate located within the instant business zone, and the detailed ownership details for each plaintiff are as shown in the attached Table "Indication of Real Estate" column.

B. Article 3 (Status of Parties and Business Principles) (2) In relation to this contract, the defendant union represents the whole members of the association, and the act of the defendant union performed under this contract is deemed to be an act of the whole rights and obligations of the association.

Therefore, a member of the defendant's association can not directly request the defendant's law firm to exercise all rights, and only through the defendant's association.

Section 7 (Scope of Business) In order to carry out this Agreement, the defendant union and the defendant Barun Construction Bank shall share the following business affairs:

(Provided, That all expenses incurred in the performance of business affairs of the defendant Barun Construction Co., Ltd. shall be borne by the defendant Barun Construction Co., Ltd., and shall not affect the members' contributions).

4. The relocation expenses of the employee association, and all kinds of expenses incurred in the business agreed upon by the Defendant Association and the Defendant Association to a loan or support Article 14 (Lending of Business Promotion Expenses and Subsidization) (1) In relation to this business, the business promotion expenses to be lent by the Defendant Lot Construction Bank to a non-interest shall be as follows:

4. The purchase price of the unregistered divided ownership and the right to use the site. (3) The project promotion cost under paragraph (1) shall be the defendant at the time of each requirement.

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