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(영문) 서울고등법원 2014.08.29 2014나11644
합의금
Text

1. The part of the judgment of the court of first instance against the Defendants shall be revoked, and the Plaintiff corresponding to the revoked part shall be against the Defendants.

Reasons

1. Facts of recognition;

A. The status of the parties (1) E Housing Reconstruction Project Association (hereinafter “instant association”) is an association established to implement a reconstruction project in Eunpyeong-gu Seoul Metropolitan Government E group.

The instant association held a general meeting on October 30, 2007 to formulate and resolve a management and disposition plan (hereinafter “the instant management and disposition plan”), and obtained authorization from the head of Eunpyeong-gu on January 15, 2008 from the head of the instant Gu.

(2) The Plaintiff and the Defendants were the owners of real estate in the business area where the said reconstruction project was implemented, and were the members of the instant association.

On October 30, 2007, 30 members, including the Plaintiff and the Defendants, against the instant management and disposition plan decided October 30, 2007, constituted the so-called “Non-Subrogation Committee for the Normalization of E-building Improvement Projects” (hereinafter “Non-Subrogation”), and its members.

The Non-Subrogation of this case appointed the Defendants as joint representatives. In the case of Defendant C, F, and in the case of Defendant D, G, the former husband, performed the duties of the said Defendants on behalf of the said Defendants.

B. On March 4, 2008, 28 members of the instant non-Subrogation and the agreement between the instant association (1) filed a lawsuit seeking revocation of the management and disposition plan against the instant association on September 10, 2008, and received a favorable judgment on September 10, 2008. Accordingly, the Seoul High Court rendered a judgment dismissing the appeal on July 21, 2009.

On the other hand, on July 15, 2009, all the non-member filed a lawsuit seeking confirmation of the establishment of the association of this case with the Seoul Administrative Court against the Eunpyeong-gu Seoul Administrative Court, which was awarded a favorable judgment on May 27, 2010.

Accordingly, the instant association, after resolution by the general assembly on July 31, 2010, purchased the real estate owned by it from the non-members and liquidate them in cash.

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