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(영문) 수원지방법원 2012.11.01 2012가합13326
청산금
Text

1. The Defendant amounting to KRW 133,220,52 to the Plaintiff and KRW 5% per annum from July 14, 2012 to November 1, 2012.

Reasons

1. Basic facts

A. On July 3, 2008, the Defendant is a reconstruction association which obtained authorization for the establishment on July 3, 2008, for a reconstruction project with the land and D land as a project implementation district, and the Plaintiff is the Plaintiff as the owner of B apartment 108 Dong 106 (hereinafter “instant real estate,” and the said B apartment is the Plaintiff’s member.

B. On February 5, 2010, the Defendant obtained the approval of the management and disposal plan under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents from the Yongsan City, and thereafter, from August 20, 201 to its members.

B. By the 26th day of the month, the sales contract was publicly announced.

C. The Plaintiff did not conclude a sales contract with the Defendant within the period of conclusion of the sales contract.

Article 43 (4) and (5) of the defendant's articles of incorporation provide for cash settlement for those who do not apply for parcelling-out or withdraw, and those who did not conclude a contract for parcelling-out as follows:

(4) A union shall liquidate in cash buildings and other rights within 150 days from the date it falls under any of the following subparagraphs, if a union member falls under any of the following subparagraphs:

The amount shall be calculated by calculating the arithmetic mean of the values appraised by two or more appraisal business entities recommended by the head of Si/

1. An applicant for parcelling-out;

2. Persons who have withdrawn the application for parcelling-out;

3. A person excluded from objects of parcelling-out according to the authorized management and disposal plan.

E. In order to calculate the cash liquidation amount for those who did not conclude a contract for sale in lots including the Plaintiff, the Defendant requested an appraisal to the unification corporation and the company company as an appraisal corporation (hereinafter, respectively, referred to as "unity") and to make appraisal at the same time, and two.

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