beta
(영문) 서울행정법원 2016.05.19 2016구합51047

정비사업비

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On December 3, 2013, the Plaintiff Union held an extraordinary general meeting on December 2, 2013, and presented “case of deduction of project expense charges for cash liquidation” to the effect that it bears the maintenance project expenses that were disbursed to the person subject to cash liquidation according to the ratio of the value of rights to the agenda item 2, and decided with the consent of 61 of all the 92 members of the Plaintiff Union (the consent rate of 66.30%)

(hereinafter “instant resolution”). (b)

The Defendants become the object of cash settlement by failing to conclude a contract for sale between May 19, 2015 and May 20, 2015, which is the period for concluding a contract for sale set by the Plaintiff Union.

[Ground of recognition] Facts without dispute, Gap evidence 4, Gap evidence 7-1 and 2, the purport of the whole pleadings

2. Existence of the obligation to pay the rearrangement project cost;

A. On December 3, 2013, which was before the Defendants lost their membership, the Plaintiff’s assertion that the Defendants had already set the Defendants’ obligation to pay the rearrangement project costs for the persons subject to cash settlement by the resolution of the instant case. Therefore, the Defendants should pay to the Plaintiff the amount equivalent to the ratio of the Defendants’ previous asset value among the rearrangement project costs incurred until May 20, 2015 in accordance with the resolution of the instant case.

(b) Entry in the attached statutes of the relevant statutes;

C. Article 16(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) provides that a promotion committee for a housing redevelopment project shall obtain authorization from the head of a Si/Gun with the consent of at least 3/4 of the owners of a plot of land, etc. and at least 1/2 of the size of land (Article 16(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). The said consent shall include the rearrangement project cost and its apportionment standards, the articles of association, etc. (Article 26(2) of the Enforcement Decree of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents). Meanwhile, a cooperative shall prepare its articles of association