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(영문) 서울고등법원 2017.04.14 2016나2020501
배당이의
Text

1. Of the judgment of the first instance, the part concerning the Defendants, including the claim modified by this court, is as follows.

Reasons

1. Basic facts

A. The obligees listed in the separate sheet (1) as “creditors” (hereinafter “the obligees”) concluded an agreement with H Co-Defendant A’s Regional Housing Association (hereinafter “Association”) of the first instance trial, which will be established in the future, with H Co-Defendant A’s Housing Association (hereinafter “Association”) as follows.

H and “B (members, hereinafter the same shall apply)”, the owner of land in Seongdong-gu Seoul Metropolitan Government, shall agree to both the matters necessary for the construction of a housing association among the co-defendants in the first instance trial to be established in the future and all the matters that may arise in the future.

(1) The co-defendants association of the first instance court and the first instance court to be established in the future shall carry out the co-owned share of the H, respectively, on the basis of the construction drawings for which the authorization and permission was completed.

(2) The expenses incurred in relation to the projects shall be borne individually by H and the co-defendants of the first instance court according to their respective shares.

(3) If a cooperative is organized, H shall sell the business size of the cooperative of co-defendants of the first instance court to the cooperative of co-defendants of the first instance court at the same time, register a trust and take over the price of the land. The price of the land shall be deposited into a passbook, and construction costs, etc. shall be deposited into the cooperative of co-defendants of the first instance court, the cooperative of co-defendants

(4) The size of land shares and land prices to be paid by individual partners shall be as follows:

(hereinafter) The disposal of business profit under Article 4 (1) as H invests in total project cost, H’s land to be sold to a co-defendant’s association in the first instance trial (the area of land of a partner’s share) is to recover the price of the remaining apartment and welfare facilities, and the sales price of neighborhood living facilities (hereinafter “construction cost and other project cost”) excluding apartment of “B”.

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