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(영문) 서울동부지방법원 2018.11.23 2017가합108774
배당이의
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The parties concerned are the parties who were accommodated with land and its ground obstacles in L Housing Redevelopment Project Association (hereinafter “instant rearrangement Project Association”). The Defendants are the members of the instant rearrangement Project Association who received the payment order against the instant rearrangement Project Association as follows:

B. The instant maintenance and improvement project association’s modification of the management and disposal plan and the issuance of liquidation money (1) The instant maintenance and improvement project association’s special meeting on November 21, 2015 (hereinafter “instant special meeting”).

In the following cases, the following matters were resolved upon (hereinafter referred to as the “instant management and disposal plan”), and the management and disposal plan of the instant consolidation project association, which was modified in accordance with the proposal No. 1, shall be referred to as the “instant management and disposal plan,” and a resolution passed by the resolution of

(2) On August 23, 2016, a report on the amendment to the management and disposal plan of subparagraph 1 was accepted on August 23, 2016 (hereinafter “instant transfer notice”); the instant consolidation project association notified its members, including the Defendants, of the payment of liquidation money on October 27, 2016, and individually notified its members, including the Defendants, of the payment of liquidation money at a provisional proportional rate of 67.84% (5.21% = 73.05%-67.84%) to the effect that the proportional rate under the existing management and disposal plan of subparagraph 1 was changed from 77.82% to 73.05%.

(hereinafter “Disposition to deliver the settlement money of this case”)

On August 2, 2016, the Plaintiffs, including the distribution procedure and the 1st Plaintiffs, as to the claims for expropriation compensation and late payment additional charges against the instant maintenance and improvement project association on August 2, 2016, as the preserved right.

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