기타(일반행정)
1. The portion of the primary claim added at the trial of the case shall be dismissed.
2. Preliminary. Of the instant lawsuit
1. Facts of recognition;
A. The Plaintiff is a housing redevelopment and rearrangement project association established for the purpose of implementing a housing redevelopment project (hereinafter “instant project”) by making the Seongbuk-gu Seoul Metropolitan Government 31,252.90 square meters of land as a project implementation district.
B. On July 10, 2014, the Plaintiff notified the Defendant, a partner, of the disposition of final settlement money for cooperative members of the A-A-Housing Redevelopment Project, in writing, and the Defendant did not pay the said money by August 10, 2014, upon the completion of the public notice of transfer on July 3, 2014, to dispose of settlement money pursuant to Article 59 of the articles of association of the association, as the Plaintiff would have settled the partnership business expenses at the 201,510,296, the liquidation money would have already been paid by the Defendant, subtracting the amount of KRW 309,464,296, and the amount of KRW 2,046,00,00, which would have already been paid 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, the association shall collect the difference from the purchaser or pay it to the purchaser after the date of the transfer announcement (hereinafter “settlement money”).” Article 60(1) of the Plaintiff’s Articles of association provides that “if there is any partner who has not paid the settlement money, the association shall notify at least twice the request for the payment of the settlement money and within one month from the last date.”