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(영문) 의정부지방법원 2017.12.22 2017가합52771
신탁등기말소
Text

1. The plaintiffs' defendant Kang Dong-dong Agricultural Cooperatives, the Oral Agricultural Cooperatives, Mapo-si Agricultural Cooperatives, etc.

Reasons

1. Basic facts

A. Defendant maintenance and improvement project association is a partnership under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) which registered the establishment of the land of this case on June 30, 2006 with all of the land of this case as the project site after obtaining authorization for establishment from the Gu Ri mayor on June 30, 2006.

The plaintiffs were originally members of the defendant maintenance and improvement project association.

B. Defendant maintenance and improvement project association received project implementation authorization on September 19, 2007 from the old market, and received the approval of the management and disposal plan on December 28, 2007.

C. On February 5, 2007, Defendant Maintenance and Improvement Project Association concluded a trust agreement with Plaintiff B on February 15, 2007 on the portion of the instant land owned by Plaintiff B, and completed the registration of the second trust on February 15, 2007. On June 24, 2008, Defendant Maintenance and Improvement Project Association concluded a trust agreement on the portion of the instant land owned by Plaintiff A and Plaintiff A (hereinafter collectively referred to as “each instant trust agreement”) and completed the registration of the first trust agreement on June 26, 2008.

Defendant maintenance and improvement project association obtained project implementation authorization from each old market on January 16, 2013 and February 26, 2016.

E. On May 6, 2016, Defendant Dong-dong Agricultural Cooperatives held a general meeting to decide on the borrowing, etc. of funds to secure initial project costs. On May 10, 2016, Defendant Dong-dong Agricultural Cooperatives completed the instant mortgage and superficies registration in the name of Defendant Dong-dong Agricultural Cooperatives, etc. with respect to the instant land including the Plaintiffs’ shares.

F. On September 19, 2016, Defendant maintenance and improvement project association issued a notice of the period of application for parcelling-out to its members, setting the period of application for parcelling-out from September 20, 2016 to October 20, 2016, and announced the following day. On October 20, 2016, Defendant maintenance and improvement project association notified its application period by October 31, 2016, and announced the following day.

The plaintiffs did not apply for parcelling-out within the period of application for parcelling-out.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 8, 13, 17, 18, Eul evidence 4-1 to 3, and arguments.

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