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(영문) 서울중앙지방법원 2016.11.18 2016가합510360
소유권말소등기
Text

1. Of the instant lawsuits, the Plaintiffs A, B, C, D, E, F, J, K, and N’s Defendant O-type Housing Reconstruction Project Association, etc.

Reasons

1. Basic facts

A. Defendant O-type Housing Reconstruction Improvement Project Association (hereinafter “Defendant Association”) has been authorized on July 27, 200 under the former Housing Construction Promotion Act to remove the O-type housing in Seodaemun-gu Seoul and AB and to reconstruct the apartment (16 households in the share of the association members, general unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit

B. The contents of the articles of association of the Defendant Union (hereinafter “Articles of association”) established at the time of the above establishment are as follows.

Article 5 (Method of Implementation) (1) Investment in kind the land owned by the association members in the project implementation district and build incidental units, such as multi-family housing and commercial buildings, by designating a housing construction business operator under the Housing Construction Promotion Act as a contractor.

In such cases, the housing constructor of the reconstruction association shall be the joint principal body.

(2) The association or implementer shall procure construction expenses, incidental expenses, etc. necessary for implementing the projects pursuant to a separate agreement.

(3) The method of selecting participating partners shall be resolved at a general meeting with the consent of at least 2/3 of the members after deliberation by the reconstruction promotion committee.

Article 8 (Qualification for Membership) (1) The person who has completed the registration of apartment buildings (including attached sites), river sites, and house ownership in the project zone that the association implements, and the member shall be the person who has consented to reconstruction.

(b) Article 10 (Rights and Obligations of Members) (1) Members shall have the following rights and obligations:

1. Right to request sale of buildings, etc. prescribed by a management and disposal plan;

5. Responsibility for the payment of dues and liquidation money;

6. Article 35 (Trust of Real Estate) (1) In order to protect the rights of mutual association members and smoothly promote a reconstruction project, to ensure that the matters to be resolved by the relevant Acts and subordinate statutes, regulations, and rules are observed;

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