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(영문) 인천지방법원 2017.08.10 2015구합50706

징수금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. A summary of a land readjustment project (hereinafter “instant project”): Determination and public notice of an urban planning project zone on July 3, 1998: Incheon Metropolitan City public notice C- Incheon Metropolitan City’s establishment and project implementation authorization on July 13, 2002: public notice D- Incheon Metropolitan City’s public notice D- authorization of a land substitution plan on December 27, 2004: authorization of an urban rearrangement project and E- - authorization of establishment (change) and project implementation (change) on May 29, 2007: public noticeF- of Incheon Metropolitan City’s public notice - authorization of a project implementation (revision) and a land substitution plan (revision) on October 4, 201, not a replotting disposition.

Public announcement of Incheon Metropolitan City - Public announcement of a replotting disposition on October 24, 201 (hereinafter referred to as "instant replotting disposition").

B. The Plaintiff as a party is a partnership that received project implementation authorization under the former Land Readjustment Projects Act (repealed by Act No. 6252, Jul. 1, 2000; hereinafter the same). The Defendant, as a member of the Plaintiff, is a person who received a substitute lot of JJ large 516.4m2, Jung-gu, Incheon and I large 390m2 with regard to the land substitution disposition of this case on the land substitution disposition of this case, which was owned by the Defendant.

C. The definitions of terms used in the Plaintiff’s articles of incorporation under Article 3 (Definition) of the Plaintiff’s articles of incorporation are as follows.

5. The term “rights area” means the area obtained by deducting the bearing area from the previously owned area under the land substitution plan; and

8. The term “settlement money” means the payment of reduced area to landowners where an area for replotting is smaller than an area for right.

Article 21 (Matters to be Resolved by General Meeting) The following matters shall undergo a resolution at a general meeting:

1. Amendment of the articles of association;

2. Alteration of the business plan;

3. Method of borrowing funds, interest rate, and method of repayment;

4. Revenue and expenditure budget and settlement of accounts;

5. The amount of dues and methods of collecting dues;

6. Construction plan and land substitution plan;

7. Designation of reserved land for replotting;

8. Determination of disposal methods of land allotted by the authorities in recompense for development recompense and approval for sales contracts;

9. Appointment or dismissal of officers or delegates; 10. Matters concerning merger or dissolution of the cooperative;