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1. The Defendant’s KRW 589,356,820 among the Plaintiff and KRW 31,018,780 among the Plaintiff, shall be KRW 58,338,040 from January 21, 2013, and KRW 558,338,040.
Reasons
1. Basic facts
A. 1) The Plaintiff is a housing reconstruction association which obtained authorization for the establishment of a housing association from the head of Dongdaemun-gu Office on August 20, 2002 for reconstruction of 18 apartment buildings and 2 commercial buildings in Dongdaemun-gu, Seoul, which were constructed on the ground of 38,026.1 square meters of land in Dongdaemun-gu, Seoul. 2) The Defendant is a sectional owner holding real estate listed in the attached Table among the commercial buildings in the reconstruction project implementation district.
B. 1) On August 19, 2004, the Plaintiff established a management and disposal plan by holding an extraordinary general meeting on November 20, 2004 after obtaining authorization for the implementation of the project from the head of Dongdaemun-gu, and making a resolution on a management and disposal plan (hereinafter “the first management and disposal plan”) after obtaining authorization from the head of Dongdaemun-gu on January 7, 2005 (hereinafter “the first management and disposal plan”).
(2) On August 23, 2004, the Plaintiff issued an announcement of application for parcelling-out to the members of apartment and commercial building ownership scheduled to be reconstructed due to improvement projects, from August 23, 2004 to October 2, 2004. The Defendant applied for parcelling-out on September 16, 2004.
3) From March 2005, the Plaintiff started reconstruction construction and obtained authorization on August 14, 2007. (c) On the other hand, some commercial building members including the Defendant filed a lawsuit against the Plaintiff seeking confirmation of invalidity of the first management and disposal plan (Seoul Administrative Court 2007Guhap36374) on September 21, 2007, and the said court on November 21, 2008 (hereinafter “Urban Improvement Act”). The management and disposal plan of the first management and disposal plan related to commercial buildings (hereinafter “Urban Improvement Act”).
) A judgment was rendered to confirm the invalidity of Article 48(1) on the grounds that the contents of Article 48(1) are not included, and thus, the Plaintiff’s appeal (Seoul High Court 2009Nu43), appeal (Supreme Court 2010Du4407), and appeal (Supreme Court 2010Du4407) were all dismissed, and the above judgment became final and conclusive around December 9, 2010.
The plaintiff holds an extraordinary general meeting on January 15, 2012, as the first management and disposal plan becomes null and void.