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(영문) 서울중앙지방법원 2013.12.19 2013가단5009744
부동산 매도 등
Text

1. The Defendant received KRW 179,300,000 from the Plaintiff at the same time, and simultaneously received from the Plaintiff:

(a) the annexed list;

Reasons

1. Basic facts

A. The Plaintiff is the Housing Reconstruction Association on October 8, 2008, which obtained authorization for the establishment from the head of Seodaemun-gu Seoul Metropolitan Government on October 6, 2008 pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of promoting a housing reconstruction project on the land of 19,468 square meters in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, and the Defendant is the owner of the real estate listed in the attached Table (hereinafter “instant real estate”).

B. On January 26, 2012, the Plaintiff obtained authorization for the implementation of the project from the head of Seodaemun-gu Seoul Metropolitan Government, and on March 23, 2012, the Plaintiff determined the completion date of the application for parcelling-out to its members on May 17, 2012 pursuant to Article 46 of the Urban Improvement Act, and publicly announced the application for parcelling-out.

C. The defendant did not file an application for parcelling-out until the completion date of the above application for parcelling-out.

The main contents of the Plaintiff’s articles of association are as follows.

Article 10 (Rights and Duties of Members) (1) Members shall have the following rights and duties:

5. The following matters shall be determined through a resolution of a general meeting of shareholders:

3. Amount and collection method of the dues under Article 61 of the Act. Article 34 (Imposition and Collection of Rearrangement Project Costs) (2) The rearrangement project costs under paragraph (1) may be imposed through the resolution of the general meeting, and the amount shall be adjusted fairly in accordance with the management and disposal plan, by comprehensively taking into account the location, size, state of use and environment of the land, buildings, etc.

(4) A union shall liquidate in cash buildings and other rights within 150 days from the date it falls under any of the following subparagraphs, if a union member falls under any of the following subparagraphs:

The amount shall be recommended by the head of Si/Gun.

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