사업비분담금 등
1. Of the judgment of the court of first instance, the part concerning the defendant (appointed party) and the designated parties is modified as follows.
1. Basic facts
A. The Plaintiff was established for the purpose of implementing a housing redevelopment improvement project (hereinafter “instant project”) of the Dongjak-gu Seoul Metropolitan Government P and the same Gu Q Q Man 31,99 square meters, and was authorized to establish an association by the head of Dongjak-gu Seoul Metropolitan Government (hereinafter “the head of Dongjak-gu”) on March 20, 2007.
B. On April 15, 2009, the Plaintiff established a project implementation plan for the instant project and obtained authorization for the implementation of the project on April 15, 2009, and received the application period for parcelling-out from June 23, 2009 to August 11, 2009. Based on this, the Plaintiff obtained the authorization of the management and disposal plan from the head of Dongjak-gu on July 22, 201.
C. On February 21, 2013, the Plaintiff held a general meeting of shareholders and resolved on the “case of amendment to the articles of association of a cooperative” with the consent of 165 members among 221 registered union members. Article 34(4) of the amended articles of association regarding the imposition of rearrangement project costs on a person subject to cash liquidation is as follows.
Article 34 (Imposition and Collection of Rearrangement Project Costs) (4) The applicant for parcelling-out shall settle in cash after deducting the full amount of the relocation expenses paid by the association on the basis of the previous asset appraisal value as of the following day after the expiration date of the period for the withdrawal of the application for parcelling-out, and the party who has not concluded the
In addition, the project cost shall be settled in cash after deducting the project cost, etc. invested from the existing asset ratio.
After that, the Plaintiff changed the project implementation plan to remove apartment units 44 square units and increase small and medium-sized square units in order to reduce the risk of unsold in lots due to real estate market erosion, and obtained the approval for the implementation of the project from the head of Dongjak-gu on July 18, 2013, and then re-designated the period for application for parcelling-out as from September 12, 2013 to November 7, 2013.
E. The network R (hereinafter referred to as “the network”) fails to apply for parcelling-out within the period of application for parcelling-out.