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(영문) 서울중앙지방법원 2017.09.07 2016가단5154195
약정금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The defendant is a reconstruction association which obtained the reconstruction authorization on October 10, 200 pursuant to the former Housing Construction Promotion Act for the purpose of rebuilding the M apartment complex, which was constructed on the ground of the Gangnam-gu Seoul N, and two parcels (hereinafter "the old apartment complex"). The plaintiffs are the sectional owners of the old apartment complex of this case.

B. The Defendant received the application for parcelling-out from the members from June 1, 2004 to June 4, 2004. Some sectional owners of the old apartment of this case, including the Plaintiffs (hereinafter “Plaintiff’s members”) included the application for parcelling-out in one envelope, and sent it by registered mail in L’s name, stating that the application for parcelling-out in Chapter 21 was put in one envelope, and “21 re-public notice” was sent on the outer side of the envelope.

C. On June 4, 2004, the defendant received the above mail and returned it to the plaintiff's members without filing an application for parcelling-out with the plaintiff's members, and on June 16, 2004, the defendant implemented a dong and unit drawing for the newly-built apartment on June 16, 2004 (hereinafter "instant Dong and unit lot"). After completing the allocation of dong and unit numbers to the union members according to the result of the drawing of the instant Dong and unit numbers, the remaining households allocated each unit of dong and unit numbers on the plaintiff's side to the union members (hereinafter "the allocation of unit numbers of this case" in total for the plaintiff's union members and the remaining union members), and the ordinary unit of each of the above households is 41 square meters in total, and the direction of the remaining dong and unit numbers except for the plaintiff's L's unit numbers is north-dong.

Plaintiff

On June 28, 2004, the members filed a preliminary injunction against the defendant to prohibit the conclusion of the sales contract based on the allocation of the unit numbers of the instant case (Seoul Central District Court 2004Kahap1978) and received a decision to accept it (Seoul Central District Court 2004Kahap1978).

On the other hand, the defendant applied for the revocation of provisional disposition based on special circumstances and rendered a provisional disposition on April 28, 2005.

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