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1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
(a) deliver the buildings listed in the annex sheet;
(b)2,259,000 won;
Reasons
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Basic facts
A. The Plaintiff Association is a housing reconstruction association which obtained approval for the establishment of a housing association from the head of Dongdaemun-gu Seoul Metropolitan Government on April 27, 2002 on August 20, 2002 for reconstruction of 21 units, including 18 apartment buildings and 2 commercial buildings in Dongdaemun-gu Seoul Metropolitan Government, which were constructed on the ground of 38,026 square meters above ground.
B. On August 19, 2004, the Plaintiff Cooperative established a management and disposition plan (hereinafter “the first management and disposition plan”) by holding an extraordinary general meeting on November 20, 2004 after obtaining authorization for the implementation of the project from the head of Dongdaemun-gu Office, following the public announcement of sale in lots and the procedures for application for parcelling-out, etc., and obtained authorization from the head of Dongdaemun-gu on January 7, 2005 from the head of the management and disposition plan.
The reconstruction work commenced on March 18, 2005 and completed on August 14, 2007.
(Newly constructed buildings are D apartment and commercial buildings, and only the following commercial buildings are referred to as “instant commercial buildings”:
Some partners filed a lawsuit against the Plaintiff Union seeking confirmation of invalidity of the first management and disposal plan (Seoul Administrative Court 2007Guhap36374), and the Seoul Administrative Court rendered a judgment that the management and disposal plan was null and void on November 21, 2008 due to significant and objective apparent defects. Accordingly, all appeals filed by the Plaintiff Union (Seoul High Court 2009Nu43) and appeals filed by the Plaintiff Union (Supreme Court 2010Du4407) were dismissed, and the above judgment became final and conclusive on December 9, 2010.
Plaintiff
On January 15, 2012, a cooperative held an extraordinary general meeting to re-establish a management and disposition plan including commercial buildings (hereinafter referred to as "the second management and disposition plan") by re-establishing the plan, and was authorized by the head of Dongdaemun-gu on April 6, 2012.
E. On February 22, 2013, the Plaintiff Union held an extraordinary general meeting and resolved on the amendment of the management and disposal plan standards.
November 4, 2013, the above management and disposal plan was authorized, and the transfer announcement was made on February 27, 2014.