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(영문) 서울행정법원 2015.06.19 2014구합18909

분담금

Text

1. The Defendant’s KRW 42,730,00 for the Plaintiff and KRW 17% per annum from February 28, 2014 to June 19, 2015.

Reasons

1. Basic facts

A. The Plaintiff removed A on November 13, 2003, the Songpa-gu Seoul Metropolitan Government 2684m2 (hereinafter “instant project area”) and then purchased a new market, etc. (hereinafter “instant real estate”) in accordance with the Act on Special Measures for the Structural Improvement of Small and Medium Enterprises and Vitalization of Customary Markets (Act No. 7235, Oct. 22, 2004; hereinafter “Special Measures Act”) and the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). The Plaintiff is the Plaintiff’s member of the Plaintiff who purchased the instant real estate under the Songpa-gu Seoul Metropolitan Government D apartment 102 dong 401 (hereinafter “instant real estate”).

B. The Plaintiff Union consists of 35 members (persons who become partners on behalf of the number of co-owners of land or buildings pursuant to Article 19(1)1 of the Urban Rearrangement Act) and 48 co-ownership shares, and the Defendant constitutes the members.

C. The main contents of the articles of association established by the Plaintiff are as follows.

Article 7 (Method of Public Notice of Matters concerning Rights and Duties of Members) (1) A cooperative shall faithfully notify its members of the matters concerning their rights and duties (including changes; hereinafter the same shall apply).

(2) When a cooperative notifies and announces matters concerning the rights and obligations of members pursuant to the provisions of paragraph (1), the following matters shall apply, except as otherwise provided for in this Agreement:

1. The cooperative shall notify each member of the cooperative by mail;

However, if a postal service is returned due to an unknown address or a refusal to receive it, it shall be additionally sent only once, and if the postal service additionally dispatched is returned for the same reason, it shall be announced in subparagraph 2.