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(영문) 서울고등법원 2015.01.06 2013나58639
소유권이전등기 등
Text

1. On the basis of a new claim by the Plaintiff (Counterclaim Defendant) at the trial, the Defendant (Counterclaim Plaintiff) is the Plaintiff.

Reasons

1. Basic facts common to the principal lawsuit and counterclaim;

A. The Plaintiff as the parties is a housing reconstruction project partnership established to implement a reconstruction project of the A1, the second apartment building (hereinafter “instant apartment building”) of 134 units, the 6,600 units, and the 324 stores of 1,24 units, which was constructed on the land of 392,652 square meters in Songpa-gu Seoul Metropolitan Government and 5,355.3 square meters, and the Plaintiff is a co-owner of the real estate in the attached list in the improvement zone of the said reconstruction project (hereinafter “instant real estate”).

B. The Plaintiff’s establishment and reconstruction resolution 1) Some sectional owners of the instant apartment are the Act on the Ownership and Management of Aggregate Buildings around July 13, 2002 (hereinafter “Aggregate Buildings Act”).

(1) In lieu of the management body meeting at the meeting of the management body, the committee for promotion of A Apartment-Final Equity Holdings (hereinafter “instant committee for promotion”).

(2) On May 24, 2003, the instant promotion committee held an inaugural general meeting of a reconstruction association and submitted a written resolution in lieu of the actual attendance or attendance of 4,280 of the total sectional owners of the instant apartment complex, which led to the resolution to approve the regulations of the association, to determine the method of business, to appoint the president of the association, and to select the construction works.

3) The Plaintiff, including the sectional owners who participated in the resolution of the above inaugural general meeting, received the “written consent for rebuilding resolution and project implementation” with the contents that consent to the first rebuilding resolution from the sectional owners, etc., and obtained on June 12, 2003 the authorization from the head of Songpa-gu for the establishment of a partnership consisting of E and association members with the above 5,786 members, and completed the registration of establishment on July 15, 2003 (the Plaintiff was originally named as the “A Apartment Housing Reconstruction Association,” but the name was changed according to the implementation of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on July 1, 2003, and within one month from the enforcement date of the Urban Improvement Act.

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