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(영문) 서울행정법원 2017.09.15 2016구합62610
청산금
Text

1. The Defendant (Counterclaim Plaintiff) shall:

A. 1/2. each of the real estate Nos. 1 and 1 in the separate sheet from Plaintiff (Counterclaim Defendant) A and B.

Reasons

In fact, the principal lawsuit and counterclaim shall also be deemed to be filed.

The Defendant was established for the purpose of implementing a housing reconstruction project (hereinafter “instant project”) in the size of 46,675.7 square meters outside Gangdong-gu Seoul Metropolitan Government, Gangdong-gu, and the Housing Reconstruction Project Association was established on May 27, 2010 after obtaining authorization for the establishment from the head of Gangdong-gu Seoul Metropolitan Government and completing the registration of incorporation on June 10, 2010.

The Defendant received the authorization to implement the project on August 31, 2012, and received the application for parcelling-out from the members from November 24, 2014 to January 23, 2015, and extended the period to February 12, 2015.

(hereinafter referred to as "first application for parcelling-out, including the extended period for filing an application for parcelling-out). The defendant received an application for parcelling-out from the owners of land, etc. who failed to apply for parcelling-out at the time of filing an application for parcelling-out from November 17, 2016 to December 26, 2016 after obtaining authorization for changes to the implementation of a project on October 17, 2016.

(hereinafter referred to as “the second application for parcelling-out”). The plaintiffs owned and possessed each real estate listed in the separate sheet in the project zone of this case (hereinafter referred to as “each real estate of this case”) and agreed to establish the defendant association, but were members, but did not apply for parcelling-out during the above period of application for parcelling-out.

One appraisal corporation, as of February 13, 2015 and December 27, 2016, one appraisal corporation, the appraised value of each real estate of this case owned by the plaintiffs (hereinafter “court appraisal”) as of December 13, 2015, the maximum debt amount of the right to collateral security established on each of the above real estate, and the secured debt amount as of August 23, 2017, are as follows:

Plaintiff

In the case of the first real estate, the appraised value of the owned real estate shall be the appraised value for the entire real estate, not individual shares.

(Total) As of February 13, 2015, the maximum amount of debt secured (total) KRW 306,00,000 of KRW 427,00,000 of KRW 530,000 of KRW 1 A1 real estate as of December 27, 2016, as of December 27, 2016, KRW 344,40,000,000 of KRW 287,000,000 of KRW 280,000 of KRW 394,00,000 of KRW 108,000,000 of KRW 63,368,878, KRW 4D 3 or 5 real estate as of December 27, 2016, KRW 112,20,000, KRW 80,000, KRW 17800-0,000.

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