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(영문) 수원지방법원 2014.08.22 2013구합21015
조합설립인가취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of the lawsuit shall include costs resulting from the participation.

Reasons

(a)in the case of each 72 household unit, the average share of the owners of F apartments and lands shall be 12,980,000,000,000,000;

Calculation Form: [10 million won x 54 households 120 million won x 72 households x 113.8 million won x 72 households)] / 198 households = 12,98 only 100 million won.

Ⅱ. Details of the consent

1. Details of establishment and improvement projects;

(c) Share of expenses under item (b) 2) shall be calculated as prescribed by the articles of association of the association and shall be borne with the value of the assets owned by the association: Provided, That where a member who owns a F apartment intends to purchase an apartment house with the size of 83.44 square meters (25 square meters), the average additional contributions shall be KRW 130,000,000,000,000,000 for each person subject to parcelling-out (3) at the time of other ordinary allocation (it may be possible to change a small number of parcels), the estimated amount of contributions for each person subject to parcelling-out based on the method of calculating contributions for each person subject to parcelling-out = the estimated amount of contributions for the site and buildings located in the planned area for parcelling-out - (price of the previous land and buildings to each person subject to parcelling-out x proportional ratio x * The total revenue of the site and buildings after the completion of the project - the total project cost) - the calculation of the initial written consent and estimated cost based on the relevant improvement project without any change in the cost.

This part of the plaintiffs' assertion is without merit.

C) The following (c) Article 41(4) of the Urban Improvement Act provides that, if a promotion committee requests a court to divide land, if the committee satisfies certain requirements, “if the land division is not completed and the requirement for consent is not satisfied,” the committee can obtain authorization to establish an association. However, this is merely a special provision for meeting the requirement for consent to establish an association, and Supreme Court Decision 201Du1290 Decided December 12, 201.

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