기타(일반행정)
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Plaintiff is a housing redevelopment project partnership established for the purpose of implementing a housing redevelopment project by making the Seongbuk-gu Seoul Metropolitan Government Seoul Metropolitan Government 31,252.90 square meters as a project implementation district.
B. Around July 10, 2014, the Plaintiff notified the Defendant, a partner, of “D” in writing, that “D” was settled at the annual meeting of the Association in 2014, and that following the completion of the public notice prior to July 3, 2014, the Plaintiff would pay the said money by no later than August 10, 2014, the Defendant did not pay the said money.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings
2. Determination on the legitimacy of a lawsuit
A. The Plaintiff’s claim is seeking payment of liquidation money to the Defendant pursuant to Article 57 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) and Article 59 of the articles of incorporation of the Plaintiff Union.
We examine the legitimacy of the instant lawsuit.
(b) The details of the relevant statutes are as shown in the attached statutes.
C. Determination 1) Article 57(1) of the Urban Improvement Act provides, “Where there is a difference between the price of land or building previously owned by a person who purchased a building site or building and that of the building site or building site, the project implementer shall collect or pay to the person who acquired the building site or building from the person who acquired the building site or building after the public announcement of relocation under Article 54(2) (hereinafter “settlement money”), and where the price of the land or building previously owned by the person who purchased the building site or building is lower than that of the building site or building he previously owned, the project implementer may collect the difference as the liquidation money (the Plaintiff’s articles of incorporation).