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(영문) 대전지방법원 2014.10.30 2013가합1369
청산금
Text

1. The defendant,

A. The settlement of cash on January 15, 2008 shall be carried out on the real estate stated in paragraph 1 of the attached list from the Plaintiff A.

Reasons

1. Basic facts

A. The Defendant is a party to the dispute. The Defendant is a N apartment (hereinafter “instant apartment”) located within 6,905 square meters of two parcels outside Daejeon-gu, Daejeon-gu, Daejeon-gu.

The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) shall apply to implement the reconstruction improvement project for housing.

(2) The Plaintiffs were sectional owners holding each of the pertinent real estate (hereinafter “each of the instant real estate”) listed in the separate sheet among the instant apartment buildings, and were members of the Defendant by consenting to reconstruction of the instant apartment and establishment of the Defendant association.

B. 1) On February 25, 2005, the Defendant obtained authorization from the head of the Daejeon Metropolitan City from the head of the Gu to implement the reconstruction project for one apartment building (126 households) and ancillary welfare facilities of this case. 2) The Defendant received the first application for parcelling-out from the members for parcelling-out from November 8, 2007 to December 8, 2007, the additional application for parcelling-out from the members for parcelling-out from December 20, 2007 to January 14, 2008, and obtained authorization for modification of the implementation plan for the reconstruction project from December 20, 2007 to May 23, 2008.

After that, on July 24, 2008, the defendant held an extraordinary general meeting of union members to decide on a management and disposition plan, etc., and obtained approval from the head of the Gu of Daejeon Metropolitan City on December 3, 2008.

C. The plaintiffs did not apply for parcelling-out to the defendant within the above period of application for parcelling-out.

The main contents of the relevant statutes and the articles of incorporation of the defendant are as shown in attached Form.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 14 (including provisional number), the purport of the whole pleadings

2. Determination as to the cause of claim

A. The project implementer under Article 47 subparagraph 1 and 2 of the Act on the Maintenance and Improvement of One City for which the defendant's obligation to pay the liquidation money arises shall apply for the application for parcelling-out by the landowner, etc.

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