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1. The Plaintiff:
A. Defendant B received KRW 16,313,00 from the Plaintiff and simultaneously entered in Annex 1 List 1.
Reasons
1. Facts of recognition;
A. 1) Status of the parties to H market reconstruction and maintenance projects association (hereinafter “instant association”)
(1) The term “H market” means a commercial building in the size of the first ground floor and the first ground floor in the Geum-gu Busan, which is used as the commercial building in the H market (hereinafter “instant building”).
) A reconstruction project (hereinafter referred to as “instant reconstruction project”)
(2) The Plaintiff is a reconstruction association established on August 16, 2016 for the purpose of running the housing construction business, and is a joint executor conducting the reconstruction business of this case together with the instant association. The Defendants are the sectional owners of the instant building.
B. 1) The sectional owners of the instant building shall be determined by the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) around 2006.
(2) On November 17, 2015, the instant association: (a) established the instant building and its site for the purpose of implementing a reconstruction project; (b) thereafter, the instant association continued to implement the reconstruction project under the Act on Ownership and Management of Condominium Buildings (hereinafter “the Act”) other than the reconstruction project under the Act on the Maintenance and Improvement of Urban Areas (hereinafter “the Act”); and (c) decided to undertake a reconstruction project under the said Act; (d) on November 17, 2015, the instant association issued a notice of convening an extraordinary general meeting on the agenda of the modification of the articles of incorporation (No. 2); (d) the modification of the project plan and the rebuilding resolution (No. 3); and (e) the modification of the joint executor’s construction plan (No. 4); and (e) the notice of convening an extraordinary general meeting on December 3, 2015 (hereinafter “the instant project plan”).
III. Project Promotion Plan;
1. 사업시행방식 ◆ 집합건물법의 규정에 따라 기존 상가를 모두 철거하고 그 대지를...