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(영문) 서울고등법원 2013.10.18 2013나11197
정산금청구
Text

1. Of the judgment of the court of first instance, the part regarding the plaintiffs' confirmation is revoked, and the revocation part is expanded in the litigation and the trial.

Reasons

1. Basic facts

A. The status of the parties was 46,945 square meters at the time when the management and disposal plan was approved due to the increase in the size of the project after around 37,534 square meters in the site of the V apartment, W apartment, X-type, Y building, and natural village in Ansan-gu S, Jeonyang-gu.

The reconstruction association is a reconstruction association which has obtained authorization for establishment from the Ansan market for the purpose of rebuilding (hereinafter referred to as the "building of this case").

The defendant is composed of apartment association members and commercial association members who own apartment houses in the above reconstruction complex. The plaintiffs are the co-owners of the above V apartment complex and some of the co-owners of the above V apartment complex.

B. Article 4 (Method of Implementation of Projects) of the Construction Contract Conditions for the Construction Contract for the defendant and the defendant and the defendant are supplied as substitute the apartment and ancillary welfare facilities newly built in return for providing the land located in the Hanyang-si, Gyeonggi-do, in which the defendant and the defendant's members own for the construction of the two Koreas.

Two mountain construction works shall provide the defendant with the necessary project expenses on the site referred to in paragraph (1) provided by the defendant in accordance with the design documents approved by the head of the competent local government in accordance with the terms and conditions of the contract, etc. and the construction of the construction facilities on the land provided by the defendant in accord with the payment conditions for the land provided by the defendant.

The details of payment in lieu of, and contributions to, the previous land or buildings owned by the defendant's members under Article 4 (1) shall be as specified in the Management and Disposal Plan.

Criteria for the details of shares of State members;

1. Standards for design documents "acquisition of authorization for project implementation" in April 2007;

4. An increase or decrease in revenues from the sale of rental housing and an increase or decrease in revenues from the sale of land AA among the final decisions made by the subcommittee on consultation on contributions shall be settled as much as the

The defendant's contributions are paid to the members.

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