beta
(영문) 서울행정법원 2018.04.13 2017구합80806

청산금 청구

Text

1. The Plaintiff; D shall be 3,299,587 won; E shall be 3,299,587 won; Defendant (Appointed Party) shall be 9,898,761 won;

Reasons

Basic Facts

The Plaintiff is a cooperative established on June 13, 2007 for the purpose of implementing an urban environment improvement project (hereinafter referred to as the “instant project”) in Yongsan-gu Seoul Metropolitan City as a project implementation district, and a resolution to dissolve the Plaintiff as a general meeting of partners on May 20, 2015, and is currently in liquidation.

The Defendant (Appointed Party, hereinafter referred to as the “Defendant”), B, and Defendant C (hereinafter collectively referred to as the “Defendants”), as a member of the Plaintiff, have sold a building I of Yongsan-gu Seoul Metropolitan Government (hereinafter referred to as the “instant real estate”) newly built by the Plaintiff following the implementation of the instant project, and completed registration of preservation of ownership.

The designated parties and Defendant B shared the shares of 1/8 of the designated parties, E, and G, Defendant B’s 3/8 of the shares, and 2/8 of the designated parties, who sold the instant real estate Nos. 2703, A701, and A805. The Defendant C owned the instant real estate A1302 shares.

The head of Yongsan-gu Seoul Metropolitan Government announced the transfer of the project in this case on September 9, 2013.

On June 20, 2014, the Plaintiff held a general meeting (hereinafter “instant general meeting”) (hereinafter “instant general meeting”), with respect to the “amount of estimated sales and the amount of and the timing for sharing the Plaintiff’s real estate to be borne by the association members,” the Plaintiff proposed an agenda item to change the proportional rate from 140.392% to 138.703% according to the revenue reduction from the additional discount sale of real estate owned by the Plaintiff and the additional collection of the liquidation amount.

The general assembly of this case was comprised of 32 members present at the meeting of 71 members, and 15 members present at the meeting, and the above agenda was resolved with affirmative votes 3, dissenting votes 12, dissenting votes 12, and invalid 3 votes.

(hereinafter “the instant resolution”). The number of persons present at the time of the instant general meeting’s filing of a gender statement (i.e., 32 persons present at the meeting in writing) is 47 persons (i.e., 15 persons present at the meeting). On the other hand, if the number of votes of the instant resolution is combined, the number is inconsistent (i.e., 48 votes (i., e., 12 votes opposing 33 votes and invalid 3 votes), and each entry of Eul and Eul’s evidence No. 1 is written.