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(영문) 의정부지방법원 2020.05.19 2019나211547
소유권말소등기
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. On April 7, 2018, the Plaintiff’s assertion Plaintiff’s association removed G from which the president of the existing association was the president of the association through a general meeting of its members on April 7, 2018, appointed H by the president of the new association, and confirmed that each of the real estate stated in the purport of the claim was arbitrarily transferred to the Defendants without going through a resolution of the general meeting of its members.

A building newly constructed and completed by a housing association as its principal agent and belongs to the collective ownership of all the members of the housing association. As such, if the articles of association or regulations of the housing association stipulate the management and disposition of collective ownership property, they shall comply therewith; and if the articles of association or regulations do not exist, a resolution of the general meeting of members of the housing association shall be adopted. The act of selling the above attached real estate, which is the property of the association, to the Defendants without undergoing such procedures, shall be null and void. Thus, the Defendants are liable to implement the procedure

2. Comprehensively taking account of the overall purport of the arguments in the statement Nos. 1 through 6 and No. 1 (including each number), the Defendants concluded a sales contract with the Plaintiff Union to purchase each of the real estate stated in the purport of the claim as stated in the statement of grounds for appeal, and paid all of the relevant sales amount. Article 49(2) of the Rules of the Plaintiff Union provides that “The Plaintiff Union may sell at will, in accordance with the resolution of the board of directors, the remaining house is less than 30 households and welfare facilities such as commercial buildings.” The Plaintiff Council may acknowledge the fact that it adopted a resolution to approve the purchase of each of the real estate of this case by the Plaintiffs as stipulated in the above rules, and otherwise, the Defendants lawfully acquired each of the above real estate

As such, the plaintiff's assertion that the above sales contract is null and void is without merit.

3. The conclusion is that the plaintiff's defendants.

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