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(영문) 서울행정법원 2015.01.08 2014구합12468
기각처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic facts, B apartment reconstruction improvement project association (hereinafter referred to as the "association") was authorized to establish an association by the head of Seocho-gu Seoul on June 27, 2003.

The Plaintiff became a member by sharing the shares of 25,71,712.7 square meters in Seocho-gu Seoul Metropolitan Government 2,96.7 square meters, Seocho-gu Seoul Metropolitan Government D D 25,561.5 square meters, Seocho-gu Seoul Metropolitan Government E-gi 45,197 square meters, and Seocho-gu Seoul Fbubing 1,957.5 square meters, and the shares of 25.41/7,71/7, respectively, and the shares of 113, 26.31 square meters in Seoul Seocho-gu Seoul Metropolitan Center 1,26.31 square meters in Seoul (hereinafter “instant commercial building”) on the ground, and

(The Plaintiff’s share is 65%, and G’s share is 35%. G had a share in the part of the site before re-building. However, the Plaintiff and 1985 claim that a property division claim was not calculated by mistake in the course of claiming a property division. A cooperative sent a written guidance for sale to its members on November 26, 2008, and entered into a sales contract from December 23, 2008 to December 31, 2008.

Since May 2009, the Cooperative started to start the construction of apartment and commercial buildings on July 14, 2010.

Meanwhile, the Plaintiff did not purchase a commercial building as it did not pay the down payment of KRW 254,459,00 (in calculating each share of co-ownership, Plaintiff 167,398,350, G89,660,650) to the newly constructed commercial store.

On February 5, 2011, the Plaintiff submitted to the Seoul Central District Public Prosecutor’s Office a written petition with the head of the association H, the chairperson of the commercial building reconstruction promotion committee, and the Plaintiff’s entire wife G as the respondent. The content of H and I, even though they received an appraisal on the commercial building of this case at the Seoul Central District Public Prosecutor’s Office, provided a new appraisal without reflecting it, set the sales price at will, and G was demanded in cash, even if there was no share in the commercial building of this case and there was no share in the commercial building of this case.

The defendant shall file the plaintiff's above petition.

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