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(영문) 서울중앙지방법원 2019.08.22 2019가합530204
소유권이전등기
Text

1. Defendant D Co., Ltd.:

A. As to each real estate listed in the separate list 1 and 2 against Defendant B:

(b) the defendant.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry and video set forth in Gap evidence 1 to 15 (including the branch numbers in the case of a serial number):

The Plaintiff is an association established with the aim of the owners of Seocho-gu Seoul Metropolitan Government E and its ground condominiums A (hereinafter referred to as “instant building”) to remove old commercial buildings and reconstruct new commercial buildings and officetels on the land (hereinafter referred to as “instant business”).

Plaintiff

Article 8 (Qualification of Members, etc.) (1) Members of a cooperative shall be those who consent to the rebuilding permission at the time of the rebuilding permission by all owners (including a corporation) of the land (including the shops) in the place

However, if the consent was not given at the time of building permission, but the consent was given before the completion of rebuilding registration of commercial buildings and officetels, it may be a partner.

A member who has consented to a cooperative shall not be allowed to withdraw from the cooperative.

(3) If one sectional ownership belongs to two or more persons, all co-owners who participate in the reconstruction shall be members.

In such cases, one person or all co-owners representing the number of persons before the destruction or removal shall make the same decision, and after the destruction, all co-owners may make a decision.

Article 9 (Rights and Duties of Members) (2) Members shall have the following rights and duties:

2. Trust and surrenderation of real estate owned by partners;

7. Obligation to pay dues, liquidation money, losses incurred by delay, delay of contract, delay of contract, disputes between the members, etc.;

9. Other matters to be resolved by the relevant Acts and subordinate statutes, the principal articles of association, general meetings, etc.

(5) Members of the cooperative shall carry out a reconstruction project, which is the purpose business of the cooperative.

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