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(영문) 서울행정법원 2015.04.03 2014구합2485

청산금

Text

1. The defendant

A. As to KRW 316,379,369 among Plaintiff A and KRW 307,396,100 among them, from February 18, 2014:

B. The plaintiff.

Reasons

1. Basic facts

A. The Defendant was established with authorization from the head of Gangseo-gu Seoul Metropolitan Government on August 1, 2007, and obtained authorization for the implementation of the housing reconstruction project (hereinafter “instant project”) on October 31, 2007.

The Plaintiffs shared 1/2 each of the land and buildings listed in the attached list in the business zone.

(hereinafter referred to as the “instant land” and the above building is referred to as the “instant building”). B.

On November 2, 2007, the Plaintiffs completed the registration of ownership transfer based on trust on the instant land and building to the Defendant for the implementation of the instant project, and delivered the instant land and building to the Defendant on November 2, 2007.

(The above buildings were destroyed on October 2, 2008).

On October 24, 2012, the Defendant obtained authorization for the change of the project implementation on November 24, 2012, and designated the application period for parcelling-out from November 1, 2012 to November 30, 2012, and extended the period again on December 24, 2012, and the Plaintiffs did not apply for parcelling-out during the application period for parcelling-out.

The appraised value of the instant land as of December 25, 2012 is KRW 585,600,000.

(As a result of the appraisal commission of appraiser D of this Court). The appraised value of the building of this case for the evaluation of previous assets is KRW 29,192,200.

E. On May 16, 2013, the Defendant added the following matters to the articles of incorporation through the general assembly:

Article 44 (Application for Parcelling-Out, etc.) (5) Members shall conclude a contract for parcelling-out within 60 days from the date of notification of approval for the management and disposal plan, and if members do not conclude a contract for parcelling-out, members shall be liable to implement the procedure for ownership transfer

At this time, members who have not concluded a contract for sale shall be paid the date following the termination of the contract period for settlement of cash, and persons subject to cash settlement shall receive settlement money by deducting the expenses incurred for the following items:

1. Business expenses which have been incurred until now;

2. Financial costs, such as overdue interests;

3. Cash clearing;