1. The Defendant’s KRW 52,00,000 as well as 5% per annum from August 16, 2016 to August 25, 2016 to the Plaintiff.

1. 사실관계 [인정근거] 갑 1∽6호증, 을 1, 2호증(가지번호 포함)의 각 기재, 광남새마을금고에 대한 각 사실조회결과, 변론 전체의 취지 피고 조합은 광명시 C 등 423필지 74,192.9㎡를 사업시행구역으로 설립된 재건축조합으로서, 2000. 3. 29. 조합설립인가를, 2006. 6. 30. 사업시행인가를, 2006. 10. 19. 도시 및 주거환경정비법(이하 ‘도시정비법’이라 한다)에 의한 관리처분계획인가를 받았고, 관할관청인 광명시장은 2006. 10. 19. 관리처분계획을 고시하였다.

On October 22, 2003, the Plaintiff joined the instant real estate located within the project implementation district (hereinafter “instant real estate”) as a member of the Defendant Cooperative on October 22, 2003. The instant real estate was set up a collateral security with the amount of KRW 52 million, which was completed on June 18, 2003 by the Giwon District Court’s Magnam Saemaul Depository, the Plaintiff, and the maximum debt amount, which was completed on June 18, 2003.

On August 15, 2006, at the fourth general meeting of the association members held on August 15, 2006, the Defendant Union resolved to dismiss the Plaintiff from the association members. On April 2007, the Plaintiff Union claimed that the Plaintiff’s member was disqualified pursuant to the above expulsion, and filed a lawsuit against the Plaintiff seeking registration of transfer of ownership, etc. based on sale and purchase of the instant real estate (OB-Support 2007Kadan17284) by exercising the right to demand sale.

However, as the judgment against the defendant union was finalized on November 8, 2007, the defendant union notified the plaintiff on November 21, 2007 that the plaintiff should apply for the additional parcelling-out from November 21, 2007 to November 27, 2007 (the first application for parcelling-out), and the plaintiff was not registered as the plaintiff in the list of the members of the defendant union. Thus, the plaintiff did not apply for parcelling-out on the ground that the application for parcelling-out is not delayed after the registration.

Accordingly, the defendant union is once again on March 18, 2008.