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(영문) 서울남부지방법원 2017.08.11 2016가합109001
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Plaintiff A Housing Construction Maintenance and Improvement Project Association (hereinafter “Plaintiff Association”) is the Housing Reconstruction and Improvement Project Association established on June 23, 2008 under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for housing reconstruction in Gangseo-gu Seoul Metropolitan Government G G 21,287 square meters (hereinafter “instant rearrangement zone”). Plaintiff B, C, D, and E (hereinafter “Plaintiffs”) are the members of the Plaintiff Union.

B. The Defendant also consented to the establishment of the Plaintiff’s association as the owner of the attached real estate in the instant rearrangement zone (hereinafter “instant real estate”), as shown in the remaining Plaintiffs. On October 28, 2014, the Plaintiff was expelled from the Plaintiff’s association upon the resolution of expulsion of the Plaintiff Union, and the Plaintiff’s petition was filed against the Plaintiff association on July 22, 2016 (this Court 2016Gahap102185), thereby recovering the status of the Plaintiff’s association members by recognizing the Plaintiff’s claim against the Plaintiff association, and obtaining authorization for the establishment of the association from the head of Gangseo-gu Seoul Metropolitan Government Office on November 14, 2016.

C. Meanwhile, the Plaintiff Union received authorization from the head of Gangseo-gu Seoul Metropolitan Government on July 14, 201 for the implementation of the project, the authorization of the management and disposal plan on September 14, 201, the authorization of the management and disposal plan on January 18, 2016, and the head of Gangseo-gu Seoul Metropolitan Government announced the authorization of the above management and disposal plan on January 20, 2016, and the Plaintiff Union announced the authorization of the above management and disposal plan on April 26, 2016, and on April 26, 2016, the final application deadline for the registration of the trust was from May 9, 2016 to May 12, 2016, and “the applicant who did not file an application during the above application deadline shall be deemed to be the person who refused to move and shall be expected to take measures in accordance with the relevant statutes”. D.

Plaintiff

A union filed a lawsuit against the defendant seeking the registration of ownership transfer concerning the instant real estate, and is in progress pursuant to the articles of association of the Plaintiff union on July 15, 2016.

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