이익금 분배 청구
1. The plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Facts of recognition
In order to implement the project to build and supply apartment and commercial buildings on the ground of the above land (hereinafter “instant rearrangement project”) by having the owners of apartment and commercial buildings on the surface of the above land as the members of Ansan-si Q apartment and commercial building in Busan-si, Ansan-si, the related defendant association is a housing reconstruction and improvement project association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).
The plaintiffs are those who independently or jointly own some of the commercial buildings in the improvement zone, and they are those who become partners by consenting to the establishment of the defendant's association.
After obtaining the approval of a project implementation plan around November 2013, the Defendant made a resolution on the formulation of a management and disposal plan by holding a general meeting of partners on March 14, 2015. At that time, the Defendant obtained the approval of the management and disposal plan from the Ansan market.
The above management and disposal plan included contents concerning the amount of rights of partners and the calculation standards of charges (see attached Form 1), and the value of the previous assets of a commercial building was 6,646,671,600 won, and the value of the remaining assets was 6,359,400 won, respectively.
On January 10, 2019, the Defendant paid 287,271,600 won (i.e., 6,646,671,600 won - 6,359,400,000 won) to the representatives of the shop owners, including the Plaintiffs, and the amount of decrease in the value of the residual assets of the shop.
On the other hand, the Defendant selected R Co., Ltd. (hereinafter referred to as “R”) as a contractor for the instant improvement project, and entered into a contract for new construction works.
R sold part of the apartment houses newly built according to the instant improvement project to non-members, and calculated the proceeds from sale as prescribed by the contract with the Defendant and paid them to the Defendant.
The plaintiffs, pursuant to Article 20(3) of the Contract Agreement, KRW 11.8 million per deliberation.