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(영문) 서울고등법원 2014.08.28 2014나5649
청산금등 대위청구
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The plaintiffs' selective claims added in the trial are all the selective claims.

Reasons

1. Basic facts

A. AM reconstruction housing association (hereinafter “AM reconstruction housing association”) is established to promote a reconstruction project of “AO” (hereinafter “instant project”), which is an aggregate building of Yangcheon-gu Seoul, Yangcheon-gu, Seoul, and the Plaintiffs are creditors against the non-party association, and the Defendants are members of the non-party association.

B. Under the former Housing Construction Promotion Act (amended by Act No. 6852, Dec. 30, 2002; hereinafter “former Housing Construction Promotion Act”), the non-party association was authorized to establish the association on June 26, 2003, before the enforcement of the Urban and Residential Environment Improvement Act (amended by Act No. 6852, Dec. 30, 2002; hereinafter “Urban Improvement Act”) from the head of Yangcheon-gu, and completed the registration of the establishment on July 23, 2003, which was after the enforcement of the Urban Improvement Act.

C. On June 8, 2005, the non-party association entered into a reconstruction project with AP (hereinafter “AP”) on a share-based rebuilding project, and the AP newly constructed a “AP apartment” (hereinafter “the instant apartment”) on the land of Yangcheon-gu Seoul Metropolitan Government pursuant to the said construction contract.

Plaintiff

A with respect to the instant apartment 104 Dong 403, and with respect to the instant apartment 105 Dong 703, Plaintiff B entered into a sales contract with the Nonparty Association and the AP with each of the sales contracts (hereinafter “each of the instant sales contracts”) on August 29, 2006, setting the sales price of each of the instant apartment 105 Dong 703, and paid KRW 200 million each of the instant sales price to the Nonparty Association on the same day.

E. The plaintiffs filed a lawsuit against the non-party union claiming the return of the sale price under the Seoul East Eastern District Court 2008Gahap2935 on the ground that the sales contract of this case was cancelled due to the reasons attributable to the non-party union. The above court on September 5, 2008 stated that "the non-party union is 200 million won per annum from March 20, 2008 to the day of complete payment to the plaintiffs.

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