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(영문) 서울행정법원 2015.05.28 2014구합50781

청산금

Text

1. The defendant shall be the plaintiff.

(a) KRW 223,363,99 and 5% per annum from June 4, 2014 to May 28, 2015; and

Reasons

Basic Facts

The defendant was established to implement a housing reconstruction project (hereinafter referred to as the "instant project") within 31,668 square meters in Gangseo-gu Seoul Metropolitan Government, Gangseo-gu, Seoul, as a housing reconstruction and improvement project partnership, and obtained authorization for establishment from the head of Gangseo-gu Seoul Metropolitan Government on August 1, 2007.

The head of Gangseo-gu Seoul Metropolitan Government approved the project implementation plan of this case on October 31, 2007 (Public Notice D of Gangseo-gu Seoul Metropolitan Government), which approved the management and disposal plan on January 23, 2008 (Public Notice E of Gangseo-gu Seoul Metropolitan Government), and revised the project implementation plan on October 24, 2012.

(F) The Plaintiff was a member of the Defendant Union as the owner of the land and building indicated in the attached list of real estate located within the instant project zone (hereinafter “instant real estate”). The Plaintiff was working as the head of the Defendant Union from the time of the establishment of the association until October 15, 2008.

On November 2, 2007, the Plaintiff completed the registration of ownership transfer on the instant real estate to the Defendant on October 29, 2007 (Seoul Southern District Court Gangseo-gu Office of Registry No. 70377, Nov. 2, 2007). At that time, the Plaintiff handed over the instant real estate. The instant building was removed on October 2, 2008.

Article 11(3) of the defendant's articles of incorporation provides that when a member causes enormous damage to an association due to intention or gross negligence, a member may be expelled according to the resolution of the general meeting.

On January 4, 2014, the defendant held an extraordinary general meeting and resolved to dismiss the plaintiff from the association members.

[Ground of recognition] The plaintiff's assertion of the purport of the whole pleading is without dispute, Gap evidence 1, Gap evidence 2-1 to 3, Gap evidence 3, Gap evidence 4-1 to 3, Eul evidence 2, and Eul evidence 3, and the plaintiff's assertion of the purport of the whole pleading has lost the status of a member according to the resolution of expulsion made by the defendant at the extraordinary general meeting.