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(영문) 서울북부지방법원 2017.02.15 2013가단48385
잔여재산분배
Text

1. The defendant shall pay to the plaintiffs each amount stated in the "settlement amount" column among the liquidation amount by the plaintiff in attached Form.

2...

Reasons

1. Facts of recognition;

A. The Defendant is the Housing Improvement Redevelopment Association established on November 1, 1995 with the authorization of the head of Gangnam-gu Seoul Metropolitan Government on November 1, 1995 (hereinafter “Defendant Association”) for the purpose of implementing a housing redevelopment project for X 112.961 square meters in Gangnam-gu Seoul Metropolitan Government, and the Plaintiffs are the members of the Defendant Association.

B. On December 30, 2003, the Defendant Mutual Association continued a housing redevelopment project and obtained the authorization of completion on December 30, 2003, completed the public notice on December 31, 2004 after obtaining the authorization of change in the management and disposal plan on December 30, 2004, and passed a resolution to dissolve by holding a general meeting of partners for dissolution and liquidation of a partnership upon completion of the project on December 9, 2006, and completed the registration of dissolution on January 8, 2007. At the time of resolution of dissolution, the number of members of the Defendant Mutual Association at the time of resolution of dissolution is 1,089 and there is no dispute

(8) On the other hand, the related litigation (Seoul High Court 2010Ra2016) states that "676 members, including all 1,096 members, have attended and passed a resolution for dissolution with the consent of 551 members".

(c).

As of May 26, 2015, there are 232,569,645 won remaining in the NongHyup Bank (Y) account in the name of the defendant union as of May 26, 2015.

Meanwhile, in the resolution of dissolution of the defendant association, the non-party Z was appointed as the representative liquidator, but on March 30, 2009, the Seoul Northern District Court (2009Kahap143) suspended the performance of duties of the above Z and decided to select AA as an acting liquidator. AA is in the position of representative liquidator of the defendant association until now.

[Ground of recognition] Facts without dispute, Gap evidence 3, Eul evidence 2, 3, and 61 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiffs asserted by the parties were dissolved, but they did not complete the registration of liquidation, but there is no remaining business of the remaining association, and only the distribution of the remaining assets of the defendant association remains.

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