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(영문) 서울동부지방법원 2016.09.21 2015가합106590

부담금(주택조합)

Text

1. The defendant shall pay to the plaintiff KRW 35,50,000 out of the above money from July 21, 2015 to the day of complete payment.

Reasons

Facts of recognition

The plaintiff is a remodeling housing association established with authorization from the head of Gwangjin-gu Office on March 28, 2007 pursuant to the Housing Act and subordinate statutes for the purpose of remodeling A apartment located in Gwangjin-gu Seoul Special Metropolitan City (hereinafter referred to as "the apartment of this case"). The plaintiff is an inaugural general meeting on December 21, 2006 and a remodeling housing association established with authorization for the establishment from the head of Gwangjin-gu Office on March 28

The contents related to this case in the Plaintiff’s Code of December 21, 2006 (the same as the final amended Code at the ordinary meeting of October 24, 2012) are as follows.

Article 10 (Rights and Duties of Members) (1) Members shall have the following rights and duties:

4. Obligations to pay expenses, such as rearrangement project costs, settlement charges, surcharges, late payment charges, delayed loss charges, etc.;

5. Obligation to remove and move by the business action plan;

6. Other relevant Acts and subordinate statutes, regulations, general meetings, etc. (4) No member may withdraw from a cooperative at his/her discretion.

Provided, That where unavoidable reasons arise, a withdrawal may be made according to a resolution of a general meeting or the board of representatives.

Article 33 (Imposition and Collection of Project Costs) (1) A cooperative may impose and collect expenses incurred in relation to remodeling projects, such as construction costs, (hereinafter referred to as "maintenance project costs"), from its members to appropriate them for expenses incurred in implementing the project.

(2) The project cost as provided in paragraph (1) may be imposed after a resolution of the general meeting, and shall be adjusted equally in accordance with the management and disposal plan, comprehensively taking into account the location, size, state of use, environment, etc. of the land and buildings

Article 40 (Trust of Real Estate) (1) In order to promote remodeling projects smoothly, the Mutual Association members shall complete the registration of trust with respect to the land, houses, etc. in the project site owned by the Mutual Association members prior to the date of application for building permission to a third party designated by the Mutual Association or Mutual Association

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