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(영문) 서울중앙지방법원 2017.08.24 2016가합571655
청산금 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff is a housing reconstruction association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents for the purpose of a reconstruction project on a scale of 39,682.70 square meters in Dongjak-gu Seoul Metropolitan Government, and the Defendant was a co-owner (D and 1/2 shares, respectively) of A apartment 2, 302 (Loss on July 25, 2016) located in Dongjak-gu Seoul Metropolitan Government as its members.

The instant real estate is the land that was the purpose of site ownership of the said apartment.

The plaintiff was authorized to implement the project on May 28, 2010 by the head of Dongjak-gu Seoul Metropolitan Government, and was authorized to implement the project on August 19, 2015, and was publicly notified on August 20, 2015.

From July 28, 2010 to September 17, 2010, the Plaintiff received an application for parcelling-out from the Plaintiff’s members for parcelling-out, extended the period from October 4, 2010 to October 29, 2010, and the Defendant and D applied for parcelling-out within that period.

On September 11, 2015, Defendant and D completed the registration of ownership transfer based on the trust with respect to the instant real estate to the Plaintiff.

From August 22, 2016 to August 27, 2016, the Plaintiff publicly announced the period of the sales contract, and the Defendant and D entered into a sales contract for “E” apartment under the joint name with the Plaintiff on August 29, 2016 (hereinafter “instant sales contract”).

However, D withdrawn the instant sales contract on September 1, 2016, and agreed with the Plaintiff on October 21, 2016, and sold the instant real estate shares to the Plaintiff on November 22, 2016.

Article 9 (Qualifications, etc. for Members) (3) In any of the following cases, one member representing the relevant number shall be deemed to be a member:

In such cases, the number of representative members shall be designated as representative members, and a written consent to the appointment of representative members shall be prepared and reported to the Cooperative, and the juristic act as a member shall be conducted by the representative member.

1. If the ownership and superficies of the land and buildings belong to two or more co-ownerships, Article 11 (Loss of Members' Qualifications) (2) related Acts and subordinate statutes and regulations;

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