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(영문) 서울북부지방법원 2013.10.10 2012가합7292
손해배상(기)
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

The facts of the premise are the housing reconstruction association which obtained the approval of establishment from the head of Dongdaemun-gu Seoul Metropolitan Government on August 20, 2002 for the reconstruction on April 27, 2002 for the reconstruction of 21 units, such as 18 apartment buildings and 2 commercial buildings in G apartment complexes within 38,026 square meters on the ground of the Dongdaemun-gu Seoul Metropolitan Government F 38,026 square meters, and the plaintiffs are part of 24 members of the defendant's commercial building.

The defendant union filed a lawsuit against commercial union members, including the plaintiffs, as Seoul Northern District Court 2003Gahap5201, and on April 19, 2004, a decision was made in lieu of conciliation, which included the following contents, and confirmed on May 14, 2004.

3. As to the commercial building newly built and sold by the Defendant Cooperative, the following shall be sold free of charge to the Plaintiffs:

The share of the site area of a building site shall be gratuitously sold as the share of the previous building site (the certified copy of the land register).

(b) The area of a building shall be gratuitously sold, as it is, the area of the previous building;

On August 19, 2004, the defendant established a management and disposal plan (hereinafter referred to as the "first 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 following the public announcement of sale in lots and the procedures for application for parcelling-out, etc., and obtained authorization from the head of Dongdaemun-gu on January 7, 2005.

The first management and disposal plan reflects the details of the mediation decision, Article 3, "New Building Price shall, in principle, be sold to the members of a commercial building on the basis of the size of ownership and the location of each floor of the previous building, but if it is inevitable for all kinds of authorization, permission, and the progress of all projects, a contribution may be paid," Article 6, "in principle, a share of the previous site shall be sold 1:1", and Articles 7 and 8, the previous land and buildings shall be paid.

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