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(영문) 수원지방법원안양지원 2016.01.21 2014가합103331

잔여재산분배

Text

1. The plaintiffs' lawsuits against the liquidation committee of defendant A Apartment Rebuilding Project Association are all dismissed.

2...

Reasons

In fact, the defendant association is the reconstruction improvement project association which obtained the authorization of November 4, 2002 for the implementation of the reconstruction improvement project for B members of the defendant association, and the defendant liquidation committee is composed of liquidators in charge of liquidation of the defendant association, and the plaintiffs are the members of the defendant association.

Defendant Union received the completion approval on November 23, 2009, and announced the transfer on July 7, 2010, made a resolution of dissolution at the general meeting of July 23, 201, and completed the registration of dissolution on December 1, 201.

After settling the project cost as of May 31, 201, the Defendant Union resolved to make an interim settlement at the general meeting of July 23, 2011, and accordingly paid 5.6 billion won in total to its members. On May 16, 2015, the instant lawsuit was pending, a general meeting was held to settle the project cost as of December 31, 201, and then a resolution was passed to distribute the total amount of KRW 900 million to its members according to the sale area of each newly constructed building.

The Plaintiffs were fully paid the liquidation money according to the resolution of the general meeting on May 16, 2015.

Article 54 (Dissolution of Partnership) (1) A partnership shall complete procedures for public announcement of transfer and registration of buildings, etc. within one year from the date of obtaining authorization for completion, and shall convene a general meeting or council of delegates to make a resolution for dissolution.

(2) An executive officer at the time of resolution for dissolution of a cooperative shall be liquidator.

(3) Where a union is dissolved, necessary matters concerning the liquidation, the collection of claims, the repayment of obligations, etc. shall be governed by the relevant provisions of the Civil Act.

Article 55 (Duties of Liquidators) Liquidators shall conscientiously perform the following duties:

1. Termination of business of the existing association;

2. Recovery of claims and discharge of obligations;

3. Disposal of residual assets.

4. Where there are obligations and residual assets of the partnership after the completion of liquidation under Article 56, land acquired by parcelling-out to members at the time of dissolution.

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