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(영문) 서울동부지방법원 2017.08.25 2016가단137181
소유권이전등기
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The Plaintiff’s assertion as the cause of the Plaintiff’s claim (hereinafter “Plaintiff Association”) was established for the purpose of implementing the reconstruction of Songpa-gu and D-based multi-household housing (hereinafter “AB”), and was established on April 6, 2016 by the head of Songpa-gu and obtained authorization for the establishment of a regional housing association from the head of Songpa-gu. The Defendant is the owner of Bara’s 1st floor (hereinafter “the instant Bara”).

Plaintiff

Among the 26 households of a union members, 25 households and 9 households of non-members, excluding the defendant, have passed a resolution on re-building A and completed the decision on the same amount. The plaintiff union has the right to file a claim with the defendant for sale of the loan in accordance with Article 18-2 of the Housing Act and Article 48 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter "the Aggregate Buildings Act").

The plaintiff requested the defendant to sell the loan of this case through the service of the duplicate of the complaint of this case. Thus, the defendant is obligated to implement the procedure for the registration of ownership transfer of the loan of this case and deliver the loan of this case to the plaintiff.

2. Determination as to the defendant's defense prior to the merits

A. Since the representative of the Plaintiff Union’s defense prior to the merits is the president E and the E is not legally dismissed, the instant lawsuit filed by the Plaintiff Union with the director F as the representative acting director is unlawful and dismissed.

In addition, since the representative E of the Plaintiff Union did not delegate the instant lawsuit to the law firm G, the Plaintiff’s legal representative shall be dismissed as unlawful in the instant lawsuit filed by a person who has no power of attorney and has no power of attorney.

B. According to each of the statements in Gap evidence Nos. 1, 3, 5, and 8-8 (including each number), the plaintiff union shall hold an inaugural general meeting during the 29 household members from among the 36 household members of the 36 household members on October 18, 2015, and obtain consent from 19 from 20 expected members (persons who signed the bylaws of the Regional Housing Association) by an secret vote, and F.

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