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(영문) 서울행정법원 2015.05.28 2014구합55458

청산금지급

Text

1. The Defendant (Counterclaim Plaintiff) regarding each of the pertinent real estate listed in the separate list of real estate from 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 Seoul Mapo-gu Seoul Mapo-gu J (hereinafter “instant rearrangement zone”) and newly built multi-family housing, etc., the Defendant obtained authorization from the head of Mapo-gu Seoul Metropolitan Government on June 4, 2010, and completed the registration of establishment on June 7, 2010. The Plaintiffs are the housing reconstruction association and the Plaintiffs are the owners of each of the relevant real estate listed in the attached list of real estate located in the instant rearrangement zone (hereinafter “each of the instant real estate”). The land is the “each of the instant land” and the “each of the instant buildings” are the “each of the instant buildings,” and the “each of the instant buildings”).

B. The Defendant received the application for parcelling-out (hereinafter “instant application for parcelling-out”) from May 31, 2013 to July 15, 2013, and the Plaintiffs did not apply for parcelling-out within the said application period.

Article 7 (Methods of Notifying and Notifying Matters concerning Rights and Obligations) (1) A cooperative shall faithfully notify and publicly announce matters concerning the rights and obligations of its members (including changes; hereinafter the same shall apply) to its members.

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

1. Right to claim the sale of land or structures;

2. The right to attend, speak and vote at a general meeting;

3. Right to appoint officers and right to elect officers;

4. Representative's right to elect representatives and right to elect representatives;

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. The duty to remove and move according to the project execution plan; and

2. Trust duties on the owned real estate;

Article 34 (Imposition and Collection of Maintenance Project Costs) (1) In order to meet the expenses to be incurred in implementing the relevant Acts and subordinate statutes, this articles of association, general meetings, etc., the Mutual Association shall pay association members the expenses incurred in implementing the relevant housing project, such as construction expenses.