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(영문) 서울서부지방법원 2017.03.30 2016가단21608
정산금
Text

1. All claims filed by the plaintiff (appointed party) and the designated parties are dismissed.

2. The costs of lawsuit are assessed against the plaintiff (appointed party) and the plaintiff.

Reasons

1. Basic facts

A. When G Co., Ltd. (hereinafter “G”) (hereinafter “F”), the owner of the land outside Yongsan-gu Seoul, 9 and 9 and the building located therein (hereinafter “G”) suffered managerial difficulties due to the default on February 198, 198, the above F Co., Ltd. (hereinafter “G”), the lessee of the F Co., Ltd. may not be able to receive the lease deposit, etc. from the Defendant Co., Ltd. for the purpose of directly taking over the F Co., Ltd. for the purpose of receiving the lease deposit, etc. in the event that the F Co., Ltd. is disposed of by auction, etc.

Section 2 (Purpose) This association aims to liquidate or permanently lease the way of partition of co-owned property to members for each store possessed by the F in possession of the F in real estate by auction or by leading the acquisition of G by acquiring the ownership of real estate from G.

Article 5 (Method of Implementation of Projects) (1) The implementation of the project shall be conducted by means of (i) calculating the standard amount by conducting an appraisal of real estate by floor, location, and (ii) making a co-ownership transfer registration based on the liquidation of the partnership only for the members who agreed to the management rules of the management foundation to be established in the future and the co-ownership regulations of each building and each floor only for those members who agreed to the management rules of the management foundation to be established and the co-ownership transfer registration based on the liquidation of the partnership, by taking over the expenses of the association members

(2) If the project is implemented in a way other than by auction method, the settlement of accounts for the acquired claim is completed, the third party claims for G are liquidated, the contingent debt is determined and the G completes the transfer of shares to its members in full at the time when G is in excess of its accounting obligation, G is liquidated with existing bonds such as mortgage bonds, and completes the project by establishing and operating a new management corporation under separate management rules.

(iii) projects;

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