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(영문) 대구지방법원 2019.10.24 2017가단133663
소유권이전등기
Text

1. The Defendant received KRW 334,628,640 from the Plaintiff simultaneously with the Plaintiff’s payment:

(a)each entry in the separate sheet;

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing reconstruction project partnership that completed the establishment registration on May 26, 2006 after obtaining authorization from the head of the Daegu Metropolitan City head of the Gu on April 27, 2006 to implement the housing reconstruction project (hereinafter “instant project”) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) in the housing rearrangement project in Daegu-gu and 304 square meters of land (hereinafter “instant rearrangement zone”).

The defendant is the owner of each real estate listed in the separate sheet located in the improvement zone of this case (hereinafter referred to as "each real estate of this case").

B. As to the rebuilding resolution adopted at the Plaintiff’s inaugural general meeting on February 25, 2006, the said rebuilding resolution was rendered on August 28, 2008 on the ground that the said rebuilding resolution was based on the consent submitted under the conditions that the matters regarding the apportionment of expenses incurred in the removal of the building and construction of the new building were not prescribed. The Daegu District Court 2007Gahap3401, and the said judgment became final and conclusive on April 29, 2009.

C. In order to promote the instant project by obtaining a written consent again, the Plaintiff partially changed the project implementation plan on October 2013 by changing the size of sale and the number of newly-built households by scale, etc., and notified the owners, etc. of buildings and appurtenant land of the modified project plan and the individual contributions presumed accordingly, and submitted a written consent for establishing an association (change).

On January 16, 2016, the Plaintiff held an extraordinary general meeting and made a resolution to amend the provisions relating to the qualifications of union members and the qualifications of union officers in the Plaintiff’s articles of incorporation, and passed a resolution to elect union members, auditors, and directors. On June 18, 2017, the Plaintiff held a general meeting and made a resolution to approve the application for change of the establishment (hereinafter “resolution to change the establishment of the instant association”).

The defendant applies for the change of the establishment of the plaintiff.

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