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(영문) 서울행정법원 2017.12.15 2017구합74733

기타(일반행정)

Text

1. The Defendant’s KRW 3,425,00 and the Plaintiff’s annual rate of KRW 5% from August 11, 2014 to May 17, 2017.

Reasons

1. On October 15, 2007, the establishment of an association on June 30, 2008, which was approved on June 15, 201 of the management and disposal plan was approved on September 11, 201, which was approved on September 24, 201, of December 27, 2013 when the completion of construction on December 27, 2013, which was approved on December 201, 201. The relocation announcement was made on July 3, 2014;

A. The Plaintiff is a housing redevelopment and rearrangement project association established for the purpose of implementing a housing redevelopment project (hereinafter “instant project”) using the Seongbuk-gu Seoul Metropolitan Government Seoul Metropolitan Government 31,252.90 square meters as a project implementation district, which is a housing redevelopment and rearrangement project association that implements the instant project as follows.

The defendant is the plaintiff's member.

B. On July 14, 2012, the Plaintiff: (a) held a general meeting of shareholders; (b) passed a resolution to change the rearrangement project cost of KRW 146,342,660,060; and (c) the estimated revenue amount of KRW 187,663,462,345 (the difference between the estimated revenue and the estimated improvement project cost) and the estimated revenue amount of KRW 187,663,462,345; and (d) obtained authorization for the change of the management and disposition plan from the head of Seongbuk-gu Office on September 11, 2012; and (e) around that time, the members including the Defendant, etc.

C. Since then, all revenues and expenditures of the cooperative on the instant business have been reduced due to the reduction of revenues from sale in lots and the reduction of sales countermeasure costs. On April 25, 2014, the Plaintiff held a general meeting of shareholders (hereinafter “general meeting of this case”) on April 25, 2014, and passed a resolution to impose on the cooperative members the maintenance project costs in comparison with the time when the management and disposition plan was amended, with revenues of KRW 144,106,428,600, and revenues of KRW 184,708,00 (the difference between revenues and the maintenance project costs) reduced to KRW 40,601,580, respectively, and accordingly, the maintenance project costs of KRW 719,221,885 (=41,320,802,285) to bear the previous asset ratio of the cooperative members (=40,601,580,400,00).

On July 10, 2014, the Plaintiff adjusted the partnership project cost at the ordinary meeting of the association in 2014 and announced on July 3, 2014.