beta
(영문) 서울행정법원 2015.10.15 2014구합72149

현금청산금 청구의 소

Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) on February 14, 2014 regarding each real estate listed in the separate sheet from the Plaintiff-Counterclaim Defendant.

Reasons

1. Basic facts

A. The Defendant is a housing reconstruction and rearrangement project association established for the purpose of implementing the housing reconstruction and rearrangement project (hereinafter “instant rearrangement project”) with the area of 25,887.20 square meters in Eunpyeong-gu Seoul Metropolitan Government, and obtained authorization for the establishment from the head of Eunpyeong-gu Seoul Metropolitan Government on May 4, 201, and obtained authorization for the establishment of each association on June 10 and September 4, 2013, and obtained authorization for the implementation of each project on July 19, 2012 and authorization for the implementation of each project on December 5, 2013.

B. The Plaintiff is the owner of each of the instant real estate located within the instant rearrangement project zone.

C. On December 11, 2013, the Defendant publicly announced the period of application for parcelling-out through the public announcement of application for parcelling-out by the cooperative members for parcelling-out, from December 16, 2013 to January 24, 2014, and extended the period of application for parcelling-out by January 23, 2014 by notification of extension of the application for parcelling-out by the cooperative members for parcelling-out on January 23, 2014.

The plaintiff, who was a member of the defendant, did not apply for parcelling-out within the period of application for parcelling-out.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, 10, and 11, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the plaintiff is eligible for cash settlement because he did not apply for the application for parcelling-out within the period of application for parcelling-out, and the defendant is obligated to pay the liquidation money to the plaintiff simultaneously with the execution and delivery of the ownership registration procedure for each real estate of this case

B. The Defendant’s assertion that the Plaintiff is obligated to bear project costs until the Plaintiff is disqualified as a member pursuant to the Defendant’s articles of incorporation. As such, project costs that the Plaintiff spent until December 31, 2013, prior to the date of becoming a person subject to cash settlement, shall be deducted from the liquidation amount based on the share of the appraised value of the previous assets.

The plaintiff is paid the liquidation money that has been deducted from the defendant, and simultaneously the procedure for the registration of ownership transfer of each real estate of this case is implemented to the defendant.