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(영문) 서울행정법원 2014.10.30 2014구합57843

현금청산금잔금지급청구 등

Text

1. The defendant,

(a) Plaintiff A and B respectively KRW 23,939,680, and 5% per annum from July 15, 2013 to June 2, 2014.

Reasons

1. Basic facts

A. On June 22, 2007, the Defendant is the Housing Redevelopment Development and Improvement Project Association established with authorization from the head of Seodaemun-gu Seoul Metropolitan Government on June 22, 2007 to implement the Housing Redevelopment and Improvement Project (hereinafter “instant project”) in Seodaemun-gu Seoul Metropolitan Government H. The Plaintiffs owned land, etc. within the instant project zone.

B. On September 2007, the head of Seodaemun-gu Seoul Metropolitan Government announced the instant project implementation authorization as I of Seodaemun-gu Seoul Metropolitan Government.

C. The Plaintiffs filed an application for parcelling-out within the period of application for parcelling-out (from November 9, 201 to December 11, 201).

After that, on July 12, 2012, when the business progress is delayed, the defendant, through prior notice prior to the opening of a general meeting to formulate a plan for the modification of the management and disposal plan and public notice for public perusal (Evidence A (Evidence 1) during the period for the formulation of a plan for the modification of the management and disposal plan from July 12, 2012

8. In receipt of an application for withdrawal of an existing application for parcelling-out within the period of 13.1, the Plaintiffs are entitled to withdraw the application for parcelling-out within the said period and become cash liquidation agents. D. The Defendant’s existing articles of association (amended by Act No. 125, Aug. 25, 2012) has the following contents:

hereinafter the same shall apply.

Article 10 (Rights and Duties of Members) (1) Members of Chapter II shall have the following rights and obligations: (1) Members of a cooperative shall be obligated to pay expenses, such as the rearrangement project cost, liquidation amount, dues, late payment charges, late payment charges (including delay of interest, delay of contract, delay in dispute between the members) and the liability for payment of expenses. (1) Members who lose their qualification as members of a cooperative shall immediately lose their membership when a member of a cooperative transfers the ownership of the building, status of being selected as residents, etc.:

(2) An application for parcelling-out shall be filed within the deadline for application for parcelling-out.