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(영문) 서울행정법원 2015.11.13 2015구합59303

기타(일반행정)

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Basic Facts

The Plaintiff is a housing redevelopment and rearrangement project association established for the purpose of implementing the "A Housing Redevelopment and Improvement Project" (hereinafter referred to as the "instant project") whose project area covers 31,252.90 square meters in Seongbuk-gu Seoul, Seongbuk-gu, Seoul. After obtaining authorization from the head of Seongbuk-gu Seoul Metropolitan Government to establish the project on October 15, 2007, and obtained authorization for the establishment of the management and disposal plan on April 23, 201 and authorization for the modification of the management and disposal plan on June 15, 201.

On July 14, 2012, the Plaintiff: (a) held a general meeting on July 14, 2012 to resolve to change the rearrangement project cost of the management and disposition plan to KRW 146,342,60,060; and (b) to the revenue estimated amount to KRW 187,663,462,345; and (c) on June 20, 2014, the Plaintiff obtained approval for the alteration of the management and disposition plan from the head of Seongbuk-gu Seoul Metropolitan Government (hereinafter “third management and disposition plan”); and (d) the Defendant, the Plaintiff’s partner, paid to the Plaintiff KRW 138,023

The estimated revenue of the third management and disposal plan was 187,63,462,345 won in total, 146,342,660,060 won in total, but the estimated revenue of the rearrangement project was 146,342,660,060 won in total, and the revenue and expenditure was 184,708,009,000 won in total, and the expenditure was 144,106,428,600 won in total due to the reduction of sales revenue, reduction of sales revenue, reduction of sales revenue, etc.

On April 25, 2014, the Defendant held a general meeting on April 25, 2014, and resolved to bear KRW 719,221,885 of the project cost to be additionally disbursed due to the decline in revenue and expenditure.

After completing the public announcement of the transfer of the instant project on July 3, 2014, the head of the Plaintiff’s association notified the Defendant of the disposition of “final settlement money” that the Defendant would pay KRW 4,960,000 to the Defendant according to the above general meeting resolution by July 2014.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 7, the purport of the entire pleadings, and the plaintiff's assertion of judgment as to the main defense of safety is "Urban Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents".

Article 57 and Article 57 of the Articles of Incorporation of Plaintiffs.