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The part against the defendant exceeding the amount ordered to be paid under the judgment of the first instance shall be revoked, and the cancellation shall be revoked.
Reasons
Basic Facts
The defendant was authorized to establish an association by the head of Dongjak-gu Seoul Metropolitan Government on August 28, 2006 as the reconstruction improvement project association established for the purpose of implementing the reconstruction improvement project (hereinafter "the project of this case") of the Dongjak-gu Seoul Metropolitan Government (hereinafter "Gu apartment") pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter "Urban Improvement Act").
The plaintiffs were sectional owners of the basements of the old apartment building, and they owned 1/2 of each of the real estate listed in paragraph (1) of the attached Table No. 1, the real estate listed in paragraph (2) of the same Table, the real estate listed in paragraph (3) of the same Table, and the real estate listed in paragraph (4) of the same Table, respectively.
(hereinafter collectively referred to as “each of the instant real estate” and, if individual real estate is separately referred, it is indicated only as “the instant real estate” according to the sequence in the list of real estate attached hereto. The Defendant notified the Plaintiffs that each of the instant commercial buildings newly constructed as the instant project during the period of the sales contract from August 1, 2012 to August 4, 2012 and from August 16, 2012 to August 18, 2012 (j) were to be concluded, and the Plaintiffs did not conclude the sales contract with the Defendant during the said period.
(4) Where a member of the cooperative falls under any of the following subparagraphs, the cooperative shall liquidate in cash the buildings and other rights within 150 days from the date on which he/she falls under any of the following subparagraphs:
The amount shall be calculated by calculating the arithmetic mean of the values appraised by two or more appraisal business entities recommended by the head of Si/
1. An applicant for parcelling-out;
2. Persons who have withdrawn the application for parcelling-out;
3. Persons excluded from objects of parcelling-out according to the authorized management and disposal plan.
Defendant.