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(영문) 서울동부지방법원 2017.05.24 2017나21819
부동산인도
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as stated in the reasoning of the judgment of the court of first instance, except for adding the following judgments as to the defendant's argument at the trial of the court of first instance, and thus, they are quoted by the main sentence of Article 420 of

2. The addition;

A. (1) The defendant's assertion that the defendant's argument violates the good faith principle (1) Article 45 of the articles of incorporation of the plaintiff is an association member who applied for parcelling-out within the period of application for parcelling-out, but it is possible to become an object of cash settlement.

However, the plaintiff from June 23, 2012 to the same year.

8. Upon receipt of an application for parcelling-out until November 21, 2016, the Plaintiff did not set a period for parcelling-out until now, even though it did not reach a contract for parcelling-out. As such, the Plaintiff’s filing of a claim to transfer real estate to a partner who wants to liquidate cash without setting a period for the conclusion of a contract for parcelling-out from the standpoint of the union members is in unstable status as the partnership sets the period for the conclusion of the contract for parcelling-out at any time, while the union may set the lowest price of the real estate subject to purchase at its discretion during the period for the conclusion of the contract for parcelling-out. If the partnership implements the procedure for the conclusion of the contract for parcelling-out prior to the implementation of the contract for parcelling-out, the union’s obligation to pay liquidation money and the obligation to deliver real estate by the union members are in a simultaneous performance relationship, but if not, it is difficult to deliver real estate prior to receiving the liquidation money

(2) The Plaintiff’s articles of association under Article 45(5) of the Plaintiff’s articles of association may conclude a sales contract within the period determined and notified by the association.

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