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(영문) 춘천지방법원 2016.10.26 2015가합5644
청산금
Text

1. The defendant

A. On March 8, 2015, Plaintiff J and K as to 1/2 shares of real estate listed in [Attachment 3 List 1] from Plaintiff J and K.

Reasons

1. Basic facts

A. The Defendant, respectively, obtained authorization for the establishment of a housing reconstruction and maintenance project association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), on September 21, 2007, from the Chuncheon market, on May 8, 2008, on authorization for the establishment of a project; on November 6, 2012; on January 6, 2014; and on February 2, 2015, each of the above authorization for the alteration of project implementation (hereinafter “each of the above authorization for the alteration of project implementation”) around February 2, 2015, respectively.

B. Each real estate listed in the separate sheet No. 1 (hereinafter “each real estate of this case”) is the real estate located in the instant rearrangement project zone, and the Plaintiffs are all persons who owned each real estate of this case as shown in the separate sheet No. 1 and were all members of the Defendant Union.

C. After obtaining authorization for the first implementation of a project, the Defendant: (a) issued an application for parcelling-out to the Plaintiffs as its members on January 22, 2013 to February 26, 2013; and (b) issued notification and public notice of the application for parcelling-out (hereinafter “public notice of the application for parcelling-out in 2013”); (c) on February 2, 2013, the Plaintiffs applied for parcelling-out in accordance with the above notification and public notice to the Defendant; (d) on the ground that the Defendant did not notify the Defendant of the conclusion of a contract under Article 41(5) of the Association’s articles of incorporation, the Defendant did not conclude a contract for parcelling

After obtaining authorization for change of the third project implementation, the defendant re-enters the plaintiffs on February 4, 2015, and again on or around February 4, 2015, "the period for application for parcelling-out shall be from February 4, 2015 to March 7, 2015".

The plaintiffs, who publicly announced the application for parcelling-out, did not apply for parcelling-out within the period of the above application for parcelling-out.

E. On June 15, 2015, the Defendant obtained an amendment to a management and disposition plan from the Chuncheon market, and the Chuncheon market is the management and disposition plan on June 18, 2015.

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