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(영문) 서울북부지방법원 2014.12.04 2013가합6975
근저당권설정등기말소 등
Text

1. From the Plaintiff (Counterclaim Defendant),

A. Defendant K is the amount corresponding to the claim amount of the settlement money stated in the attached Table.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. The Plaintiff Union is a reconstruction association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement housing reconstruction projects of QJ 27,01 square meters in Seoul Special Metropolitan City, Nowon-gu (hereinafter “instant project”). The Defendants are owners of each land, etc. indicated in the attached Table “real estate” located within the instant project zone (hereinafter “each of the instant real estate”).

B. 1) The Defendants completed the registration of the establishment of a nearby mortgage and the registration of a trust with respect to each of the instant real estate as indicated in the “registration of the establishment of a neighboring mortgage” column in the same Table. 2) After the Plaintiff Union completed the registration of the establishment of a neighboring mortgage on each of the instant real estate as indicated in the “registration of the establishment of a trust” column in the same Table.

C. On May 3, 201, the Plaintiff Union received project implementation authorization from the head of Nowon-gu with respect to the instant project on May 3, 201, including the progress of the project and the loss of the Defendants’ membership, and obtained authorization for the implementation of the project on February 2013, and received application for parcelling-out from its members, including the Defendants from July 30, 2013 to August 9, 2013, and the Defendants did not apply for parcelling-out from the Plaintiff Union within the aforementioned period.

Accordingly, on September 6, 2013, the Plaintiff Union notified the Defendants that they are subject to cash settlement.

On April 19, 2012, the Plaintiff Union passed a general meeting resolution on the share of the rearrangement project costs of its members and passed a resolution on April 19, 2012, stating that “the agenda referred to in subparagraph 9 is subject to the resolution on the imposition and collection of rearrangement project costs: the members who completed the application for parcelling-out within the period of application for parcelling-out in an equitable manner

E. The instant case, such as reimbursement of director expenses of the City Corporation.

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