청산금
1. All of the primary claims added at the trial of the case shall be dismissed.
2. Preliminary. Of the instant lawsuit
1. Facts of recognition;
A. The Plaintiff is the Housing Redevelopment Project Association established for the purpose of implementing a housing redevelopment project (hereinafter “instant project”) by setting the Seongbuk-gu Seoul Metropolitan Government HJ large scale 31,252.90 square meters as the project implementation district.
B. On July 10, 2014, the Plaintiff notified the Defendants, a partner, of “Notice of Disposition of the Final Settlement Money for Cooperative Members of the AA Housing Redevelopment Project” in writing, and the Defendants did not pay each of the said money by August 10, 2014, upon the completion of the 2014 public notice prior to July 3, 2014, pursuant to Article 59 of the Association’s articles of incorporation. However, the Defendants did not pay each of the said money by August 10, 2014, as follows: (a) the Plaintiff intended to dispose of liquidation money pursuant to Article 59 of the Association’s articles of incorporation (Defendant B: KRW 3,02,00; (b) the Defendant C and D; (c) the Defendant E were KRW 1,971,000; and (d) the Defendant F and G paid each of the said money by August 10, 2014.
C. Article 34(1) of the Plaintiff’s articles of association provides that “A cooperative may impose and collect expenses for housing projects, such as construction expenses, (hereinafter “maintenance project cost”) from its members to appropriate funds for the implementation of the project,” and Article 34(3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “maintenance project cost”) provides that a cooperative may entrust the head of a Si/Gun with the collection of rearrangement project cost
In addition, Article 59(1) of the Plaintiff’s Articles of association provides that “If there is a difference between the price of the land or building previously owned by the purchaser of the site or building and the price of the site or building sold to him, the association shall collect an amount equivalent to the difference from the purchaser or pay it to the purchaser after the date of the transfer announcement (hereinafter “settlement money”).” Article 60(1) provides that “if there is a partner who has not paid the settlement money, the association shall request the payment of the settlement money at least twice.”