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(영문) 서울행정법원 2014.05.22 2013구합30322

분담금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is the Housing Redevelopment Improvement Project Association (hereinafter “instant project”) that obtained authorization from the head of Seodaemun-gu Seoul Metropolitan Government on December 24, 2009 to implement housing redevelopment improvement project (hereinafter “instant project”) in the area of 175 square meters and 53,082 square meters in Seodaemun-gu, Seoul Metropolitan Government (hereinafter “instant implementation zone”), and completed the registration of incorporation on December 29, 2009.

The plaintiff was authorized to implement the project by the head of Seodaemun-gu Seoul Metropolitan Government on November 1, 2012.

B. The Defendant was an association member of the Plaintiff as the owner of the land within the instant project zone, but did not file an application for parcelling-out within the period for application for parcelling-out (from January 4, 2013 to March 4, 2013, from March 15, 2013 to March 24, 2013).

Article 10 (Rights and Duties of Members) (1) Members shall have the following rights and duties:

1. Right to request the sale of buildings in lots;

2. The right to attend and speak at the general meeting and voting rights;

3. Right to appoint officers and right to elect officers;

4. Representative's right to elect representatives and right to elect representatives;

5. Claim for compensation for losses;

6. Obligations to pay expenses, such as rearrangement project expenses, liquidation expenses, surcharges, late fees, late fees and losses incurred therefrom (including late payment of interest, delay of a contract, delay caused by a dispute between a member and others);

7. Obligation to remove and move by the business action plan;

8. Other matters concerning rights and obligations of members (including changed matters; hereinafter the same shall apply). (1) A cooperative shall faithfully notify and publicly announce matters concerning its members and interested parties.

Article 11 (Loss of Membership) (1) Where a member transfers the ownership of a building or the status of being selected as an occupant, etc., he/she shall immediately lose his/her membership.

(2) An applicant for parcelling-out under Article 44 (1) shall lose his/her qualification as an association member.

Article 34 (Imposition and Collection of Rearrangement Project Costs) (1) A cooperative shall appropriate funds for the expenses incurred in implementing the project.