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(영문) 서울행정법원 2015.04.24 2013구합62466

청산금

Text

1. The defendant

A. The Plaintiff’s KRW 350,422,080 as well as 5% per annum from May 15, 2013 to April 24, 2015.

Reasons

1. Facts of recognition;

A. The Defendant is a housing reconstruction and rearrangement project association established with approval from the head of Gangseo-gu Seoul Metropolitan Government on August 1, 2007 to implement a housing reconstruction project (hereinafter “instant project”) within 31,668 square meters in Gangseo-gu Seoul Metropolitan Government.

B. On October 31, 2007, the head of Gangseo-gu Seoul Metropolitan Government approved the project implementation of the project in this case, and on January 23, 2008, the head of Gangseo-gu Seoul Metropolitan Government approved the management and disposal plan.

C. The Plaintiff is the owner of the land and building indicated in the attached list of real estate in the instant project zone.

(The above building was destroyed on October 2, 2008; hereinafter the above land is referred to as “the instant land”; and the above building is referred to as “the instant building”). D.

On December 15, 2012, the defendant held an extraordinary general meeting on December 15, 2012 and presented an agenda item to which the plaintiff would be expelled from the members of the association, and resolved to recommend the plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including branch numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. Judgment on the plaintiff's assertion

A. The plaintiff's assertion delivered the land and building of this case to the defendant as the defendant's member, and completed the registration of ownership transfer based on the trust on November 2, 2007.

However, since the Plaintiff lost its membership in accordance with the resolution of expulsion of the special general meeting of December 15, 2012 by the Defendant, the Defendant is obligated to pay the liquidation money to the Plaintiff.

B. The Plaintiff completed the registration of ownership transfer on the instant land and building on November 2, 2007, which was received on November 2, 2007 by the Seoul Southern District Court (Seoul Southern District Court Decision 70407, Oct. 29, 2007)’s articles of incorporation (A) the Defendant’s articles of incorporation completed the registration of ownership transfer on the grounds of trust as of October 29, 2007), as follows: