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(영문) 서울행정법원 2016.05.26 2015구합73743
정비사업비 청구의 소
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 5, 2013, the Plaintiff Union held a general meeting of shareholders and proposed “a modification of the articles of association (a draft) and the remuneration regulations (a draft) to the following items on the agenda under subparagraph 1, and decided to the consent of 225 of all the 441 members (a consent rate of 51.02%).

Article 45 (Application for Parcelling-Out, etc.) (5) after the amendment of the articles of incorporation of the cooperative was made without obtaining authorization from the head of Seongbuk-gu (hereinafter “the first resolution of this case”). (5) After the amendment, members of the cooperative shall conclude a contract for parcelling-out within the period determined and notified by the cooperative after the approval of the management and disposition plan, and the provisions of paragraph (4) shall apply mutatis mutandis to the failure to conclude

(5) Members shall conclude a contract for sale within the deadline notified by the cooperative after approving the management and disposal plan, and the provisions of paragraph (4) shall apply mutatis mutandis where the cooperative fails to conclude a contract for sale, but the cooperative members are obligated to implement the procedures for

At this time, the base date of cash settlement of members who do not conclude a contract for sale shall be the following day after the contract period for sale expires, and the following items generated from the settlement amount to be received by the person subject to cash settlement referred to in paragraphs (4) and (5) until the settlement base date may be deducted according to the ratio of equity of members

1. Project costs;

2. Financial costs, such as interest and overdue interest;

3. Taxes and public charges, such as acquisition tax and registration license tax due to expenses required for cash liquidation, and ownership transfer;

B. On April 4, 2014, the Plaintiff Union again held an ordinary general meeting and proposed a “case of resolution to amend the Articles of Association (hereinafter “Convention”) to the same extent as the instant first resolution on the agenda item 2, and made a decision to the consent of 244 of all the members of the Plaintiff Union (5.58% of the consent rate) among the 439 members.

(At this time, the amendment of the articles of association seems to have failed. (hereinafter “the second resolution of this case”). (C)

The Defendants shall apply for parcelling-out set by the Plaintiff Association.

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