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(영문) 서울행정법원 2014.05.23 2013구합65021

사업비청산금청구

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment and consolidation project association established with authorization from the head of Dongdaemun-gu Seoul Metropolitan Government (hereinafter “the head of Dongdaemun-gu”) to implement housing redevelopment and rearrangement project (hereinafter “instant project”) on the size of 145,078 square meters in Dongdaemun-gu Seoul Metropolitan Government I.

B. The J was the Plaintiff’s partner as the owner of Dongdaemun-gu Seoul Metropolitan Government I’s land and its ground buildings, but the application for parcelling-out was made during the period of application for parcelling-out (from November 2, 2007 to December 1, 2007) and became subject to cash settlement by withdrawing it.

C. The Plaintiff’s articles of incorporation provides for the rights and obligations of members as follows.

Article 7 (Methods of Notifying and Announcing Matters concerning Rights and Duties) (1) A cooperative shall faithfully notify and publicly announce matters concerning the rights and duties of its members (including changes; hereinafter the same shall apply) to its members and interested parties.

Article 10 (Rights and Duties of Members) (1) Members shall have the following rights and duties:

1. Right to request the sale of buildings in lots;

2. The right to attend and speak at the general meeting and voting rights;

3. Right to appoint officers and right to elect officers;

4. Representative's right to elect representatives and right to elect representatives;

5. Claims for compensation for losses;

6. Obligations to pay expenses, such as rearrangement project costs, liquidation money, surcharges, late payment charges, late payment charges therefor, and losses incurred therefrom (including late payment of interest, delayed contract, delay caused by a dispute between the association members, etc.);

7. Obligation to remove and move by the business action plan;

8. Other relevant Acts and subordinate statutes, this articles of association, general meetings, etc. (Loss of Members of a cooperative) (1) Where a member transfers the ownership of a building, the status of being selected as an occupant, etc., he/she shall immediately lose his/her membership.

(2) An applicant for parcelling-out shall lose his/her qualification for an association member within the deadline for application for parcelling-out under Article 44 (1)

Article 34 (Imposition and Collection of Rearrangement Project Costs) (1) The Cooperative shall make up for the expenses to be incurred in implementing the project.