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(영문) 창원지방법원통영지원 2020.09.24 2018가합11882
청산금 지급
Text

1. The defendant 23,915,556 won, plaintiff B, C, D, E, and F respectively, 20,67,037 won, plaintiff G, H, I, J, and K 17.

Reasons

Facts of recognition

The related defendant of the parties is a housing reconstruction and improvement project association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents in order to implement a L Apartment (hereinafter referred to as "the apartment in this case") housing reconstruction improvement project in M in the daily members of M at the time, and approved to establish an association on October 2, 2014.

The plaintiffs were those who owned real estate indicated below among the apartment buildings of this case, and were members of the defendant with consent to the reconstruction project of the apartment of this case implemented by the defendant.

The Defendant, who applied for the sale of real estate owned by the Plaintiffs, has obtained authorization on August 4, 2016 for the implementation of a housing reconstruction project for nine units of multi-family housing 817 units and ancillary and welfare facilities from the members, including the Plaintiff, on December 2016 and on January 3, 2017, established and resolved a management and disposition plan (hereinafter “instant management and disposition plan”) at the general meeting of members of the association on June 3, 2017, after receiving the application for the sale from the members, including the Plaintiff, around December 2016 and around January 3, 2017.

From November 2017 to May 201, 2018, the Plaintiffs completed the registration of ownership transfer for each of the households of the instant apartment owned by the Plaintiffs to the Defendant based on trust.

Meanwhile, the Plaintiffs received loans under the pretext of moving expenses as indicated below (hereinafter “instant moving expenses”), and completed the registration of establishment of the relocation of the Plaintiffs and the mortgagee as the Housing Urban Guarantee Corporation with respect to the said loans, each of the debtors and the mortgagee as to the said loans.

(hereinafter “each of the instant collateral security rights”). [Attachment] 1 A 9,510,00 2 B B 86,130,000 3 C 86,130,000 4 D 86,130,130 5 E E 86,130,130,000 6 F 86,130,007 G 72,660,600 8 H 72,660,660,000 8 H 72,660,60,000 9 I 72,60,60,000 J 72,62,660,00 J72,660,0011 K 72,6660,000

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