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(영문) 수원지방법원안양지원 2013.05.29 2012가단17507
구상금
Text

1. The Defendants, the Defendant (Appointeds) and the designated parties shall each serve as the Plaintiff KRW 2,920,753 on October 13, 2009.

Reasons

1. The following facts are deemed to have been led to confessions between the Plaintiff and the Defendant B, D, E, G, I, J, and K under Article 150(3) and (1) of the Civil Procedure Act. The following facts may be acknowledged by comprehensively taking into account the following facts: Gap evidence 1, 2, Eul evidence 1, 2, Eul evidence 1, 2, and Eul evidence 4 (including family numbers; hereinafter the same shall apply) between the Plaintiff and the Defendant C, F, H, L, and the designated parties.

The M apartment reconstruction project association (hereinafter referred to as the “instant association”) is a reconstruction project association established to promote the reconstruction project of M apartment units with a total of 774 households on the old N,O, and P surface (hereinafter referred to as the “instant apartment units”) during Ansan-si, and the plaintiff, the defendants, and the designated parties are the sectional owners of the instant apartment units.

B. On April 1, 2001, the instant association held an inaugural general meeting and passed a rebuilding resolution with the consent of 658 sectional owners (hereinafter “the first rebuilding resolution”). The contents of the resolution include “(i) 2 underground floors, 9 through 28 floors above ground: 27,400 square meters below ground; ② 127,40.46 square meters in total floor area of a new building; ③ 774 households (24 households in 24 square-type 188 households, 32 square-type 312 households, 50 square-type 224 households, 58 square-type 50 households); ④ Business expenses: 80 billion won.”

C. According to the inaugural general meeting and the first reconstruction resolution of April 1, 2001, the association of this case as the members of sectional owners who approved the reconstruction among the above apartment owners, and obtained the authorization of establishment from the Gyeyang-si market on January 8, 2002 under the former Housing Construction Promotion Act (amended by Act No. 6852 of Dec. 30, 2002; hereinafter the same shall apply). On May 17, 2003, the association of this case held a general meeting on May 17, 2003 and passed a resolution on the "matters concerning the allotment of expenses for the removal of buildings and construction of new buildings", and the "matters concerning the allotment of sectional ownership of new buildings", and the whole sectional owners and apartment complexes as provided for in Article 44-3 (7) of the former Housing Construction Promotion Act by a written resolution from December 18, 2003.

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