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(영문) 서울북부지방법원 2013.10.10 2013가합2348
손해배상
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

The facts of the premise are the Housing Reconstruction Association which obtained the approval of establishment from the head of Dongdaemun-gu Seoul Metropolitan Government on April 27, 2002 on August 20, 2002, and the plaintiffs are 24 members of the defendant's commercial building, and the defendant is part of the 24 members of the defendant's commercial building.

On July 1, 2002, the plaintiffs demanded the defendant to gratuitously sell the existing commercial buildings owned by the plaintiffs and the newly constructed commercial buildings as they are, and the defendant notified the plaintiffs to accept the above request on July 15, 2002 after the resolution of the board of directors on July 12, 2002.

The defendant filed a lawsuit against the members of the commercial building including the plaintiff B, C, H, and G as Seoul Northern District Court 2003Gahap5201, and on April 19, 2004, a decision in lieu of the following was made on May 14, 2004.

3. The defendant newly built and sold commercial buildings to be sold by the defendant shall be sold free of charge to plaintiffs B, C, H, G, etc. as follows:

The share of the site area of a building site shall be gratuitously sold as the share of the previous building site (the certified copy of the land register).

(b) The area of a building shall be gratuitously sold, as it is, the area of the previous building;

On August 19, 2004, the defendant established a management and disposal plan (hereinafter referred to as the "first management and disposal 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 and 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.

The first management and disposal plan reflects the contents of the mediation decision, Article 3 is based on the ownership area and the location of each floor of the previous building to the commercial building members.

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