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(영문) 서울행정법원 2015.07.10 2014구합51371

청산금지급

Text

1. The Defendant (Counterclaim Plaintiff) shall:

A. A, B, C, D, E, F, H, I, K, and L are the list of real estate attached to the Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. On June 4, 2010, the Defendant removed the previous old-age building located on the ground of 47,501.4 square meters in Mapo-gu Seoul Metropolitan Government OO (hereinafter “instant improvement zone”) and newly built multi-family housing, etc. (hereinafter “instant project”) and obtained authorization for the establishment on June 7, 2010 from the head of Mapo-gu Seoul Metropolitan Government (hereinafter “head of Mapo-gu”) and completed the registration of establishment on June 7, 2010. The Plaintiffs are the owners of each relevant real estate listed in the attached list of real estate in the instant improvement zone (hereinafter “each of the instant real estate”).

(B) The owner of the real estate listed in paragraph (11) of the attached Table No. 11 of the Real Estate List died on August 9, 2013, and the Plaintiff K completed the registration of ownership transfer on the above real estate on March 6, 2014, following a consultation on the division of the inherited property with the net P.

The Defendant received the application for parcelling-out (hereinafter referred to as “instant application for parcelling-out”) from the members from May 31, 2013 to July 15, 2013 after obtaining the authorization to implement the instant project from the head of Mapo-gu on March 27, 2013, and the Plaintiffs did not apply for parcelling-out within the said period.

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

5. Obligations to pay expenses, such as rearrangement project costs, liquidation money, surcharges, late fees, late fees, and losses incurred therefrom (including late payment of interest, delayed contract, delay caused by a dispute between the association members, etc.);

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

7. Other relevant Acts and subordinate statutes, this articles of association, general meetings, etc. (1) An association may impose and collect expenses incurred in implementing a housing project, such as construction expenses (hereinafter referred to as "maintenance project expenses"), from its members to cover expenses incurred in implementing the project.

(2) The provisions of paragraph (1).