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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is a housing redevelopment project partnership established for the purpose of implementing a housing redevelopment project by making the Seongbuk-gu Seoul Metropolitan Government Seoul Metropolitan Government 31,252.90 square meters as a project implementation district.
B. On July 10, 2014, the Plaintiff notified the Defendant, a partner, of the following: (a) “Notice of Disposition of Final Settlement Money for Cooperative Members of A Housing Redevelopment Project”; and (b) at the annual meeting of the Association in 2014, the Plaintiff settled the partnership project costs at the annual meeting of the Association in July 3, 2014; and (c) upon completion of the public notice of transfer on July 3, 2014, the Plaintiff intended to dispose of liquidation money pursuant to Article 59 of the articles of association of the Association; (b) the Plaintiff, who is a partner, notified the Defendant that the Defendant would pay KRW 2,330,00 after subtracting the Defendant’s already paid KRW 281,113,10 by August 10, 2014.”
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings
2. Determination on the legitimacy of a lawsuit
A. As to the lawsuit in this case where the plaintiff sought payment of liquidation money to the defendant pursuant to Article 57 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), and Article 59 of the articles of incorporation of the plaintiff association, the defendant asserts that the lawsuit in this case is unlawful as there is no benefit.
(b) The details of the relevant statutes are as shown in the attached statutes.
C. In a case where there is a difference between the price of the land or building previously owned by the purchaser of the site or building and the price of the site or building that the purchaser of the site or building purchased in lots, Article 57(1) of the Act on 1st Urban Planning and Improvement of Urban Areas and Dwelling Conditions for Residents, the project implementer shall, after the announcement of relocation under Article 54(2) is made,
It shall be collected from a purchaser of buildings in units or paid to a purchaser of buildings in units.
by stipulating "the price of land or building previously owned by a person who purchases a building site or building shall be less than the price of the building site or building he/she purchases.