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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The judgment of the court of first instance.
Reasons
Basic Facts
The plaintiff is an urban environment improvement association which has obtained approval for the establishment of an association from the head of Yongsan-gu Seoul Metropolitan Government (hereinafter referred to as the "head of Yongsan-gu") on June 13, 2007 to implement an urban environment improvement project (hereinafter referred to as the "project in this case") by designating the Yongsan-gu Seoul Metropolitan Government Financial Group as a project implementation district, and the defendant is the plaintiff
The Plaintiff newly constructed a G building in the project implementation district (hereinafter “instant building”) and sold it to its members and the general public.
Although the Defendant applied for the sale of the instant building L, Jho, and M, the Defendant subsequently sold the instant building in lots instead of Mho Lake, and subsequently, the Defendant finally completed the registration of preservation of ownership on September 11, 2013 by selling the instant building J and Kho, and completed the registration of preservation of ownership in the name of the Defendant.
On September 6, 2013, the Plaintiff obtained an amendment to the final management and disposition plan from the head of Yongsan-gu, and made a public announcement on September 9, 2013.
On October 23, 2013, the Defendant concluded a sales contract to sell the instant building K units to KRW 5,951,164,004 (hereinafter “instant sales contract”) with the Plaintiff, a trust business entity, which was ordered by the N Co., Ltd. (hereinafter “N”), as above, to sell the instant building units to KRW 5,951,164,004 (hereinafter “instant sales contract”).
On May 20, 2015, the Plaintiff held an ordinary general meeting on May 20, 2015 and passed a resolution on the dissolution of a cooperative and the dissolution of the cooperative and the delegation of the affairs such as the collection and payment of liquidation money to the Liquidation Committee after dissolution.
(Presumption) The project cost ratio of the instant project according to the final plan for the change of the management and disposal plan was 145.126%, but the project cost ratio was subsequently changed as follows:
The appraised value of the previous assets on the date = the appraised value of the previous assets x the amount of the rights of the members of the association x the sum of the (B-A) additional contributions to repay (B-A) settlement money (A) and the amount of the settlement money (A) on September 6, 2013 : 5,522,5304,00 J 2,64,000 J 2,654,050,007,769,769,800,800;