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(영문) 부산고등법원(창원) 2015.02.05 2014나21666
소유권이전등기 등
Text

1.The judgment of the first instance shall be modified as follows:

The Plaintiff, Defendant B, and Defendant B, from the Plaintiff, KRW 498,400,00.

Reasons

. recognized.

1. Multi-family housing (one complex, four buildings, 496 households, 25 stories, 230 households, 230 households, 222 stories, and 22 stories) with a size not exceeding 47,316§³ in total floor area (including a resolution for re-building) for the establishment of an association and the details of a rearrangement project (including a resolution for re-building), and incidental welfare facilities;

(a) Outline of the construction of new buildings;

(b) 1,360,000,694,694,000 17,765,000 165,819,00 (units : 1,360,000 won) for the construction of new buildings and other project costs; and

(c) 1) Allocation of expenses under item (b) shall be imposed and collected by the association’s articles of incorporation, the provisional liquidation at the time of management and disposal, and the final settlement at the time of liquidation of the association; and

3) Estimated amounts of allotted charges by person subject to parcelling-out = Estimated amounts of sites and buildings scheduled for parcelling-out = (prices of previous lands and buildings by person subject to parcelling-out x proportional ratio) = (total revenues of sites and buildings after completion of a project - total project cost - total project cost / total value of previous land and buildings - details of recognition as above: ① the outline of design of buildings to be constructed in the written consent for the establishment of the Plaintiff association, the outlines of expenses incurred in demolition and new construction of buildings, and the basis for apportionment of expenses therefrom, are all stipulated in the Act and subordinate statutes; the legal consent stipulated in the Enforcement Rule of the former Act and subordinate statutes are legally binding upon delegation by superior statutes; the purport of the former Act and subordinate statutes stipulating the written consent is to prevent disputes over the form or contents of written consent by forcing the use of written consent in lieu of the standard written consent provided by the public notice of the Ministry of Construction and Transportation; ② the specific matters in the legal consent standards for sharing expenses are stipulated in the articles of association of the association.

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