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1. On the Plaintiff (Counterclaim Defendant),
A. Defendant B received KRW 445,087,080 from the Plaintiff (Counterclaim Defendant) at the same time.
Reasons
1. Basic facts
A. The Plaintiff is a housing reconstruction and improvement project association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents for the purpose of removing previous buildings on the ground of 16,151.7 square meters (hereinafter “instant rearrangement zone”) in Ansan-si, Nowon-gu, Seoul, including an area which is not a housing complex.
B. Around February 2008, the F (the current representative of the Plaintiff Union) applied for approval of the composition of the “A Rebuilding Improvement Project Association Establishment Promotion Committee” (hereinafter “instant Promotion Committee”) with 43 owners of land, etc., among 69 owners of land, etc., who obtained consent (62.32% of the consent rate) by designating the instant rearrangement zone as the project zone in Ansan-si City Mayor. The Ansan-si Mayor approved the composition of the instant Promotion Committee on March 31, 2008.
C. On March 29, 2011, the Ansan City was designated and publicly notified as a housing reconstruction improvement zone pursuant to Article 4 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 11293, Feb. 1, 2012; hereinafter “former Act”).
On September 26, 2011, the instant promotion committee held an inaugural general meeting to establish the Plaintiff’s association (hereinafter “instant inaugural general meeting”). On October 5, 201, the committee obtained consent from 65 owners of land, etc. from 82 owners of land, etc. on October 5, 201, and filed an application for authorization to establish an association on the premise that the area of the agreed land is 12,057 square meters (74.65% of the consent rate).
Accordingly, on October 13, 2011, the Ansan City approved the establishment of the Plaintiff’s association (hereinafter “instant authorization disposition”), and the Plaintiff completed the registration of incorporation on October 14, 201.
E. The Defendants were owners of each land and its ground buildings listed in the separate sheet in the instant rearrangement zone (hereinafter “each of the instant real estate”), and did not consent to the establishment of the Plaintiff Union.
[Ground of recognition] Unsatisfy, A(1) through (3)