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1. The Plaintiff:
A. Defendant B’s KRW 52,633,733 as well as annual 5% from September 10, 2015 to May 18, 2017.
Reasons
1. The facts below the basis facts are either in dispute between the parties or in accordance with Gap evidence of 1 to 4, Eul evidence of 2 to 5, 7, Eul evidence of 5, 6, 12 (including the number number; hereinafter the same shall apply) and each statement of 5, 6, and 12 evidence of this Court, and each fact inquiry reply to the Bank of Korea of this Court against the whole purport of the arguments.
The Plaintiff is a housing redevelopment and consolidation project association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) established to implement a housing redevelopment improvement project (hereinafter “instant project”) of Seodaemun-gu Seoul Metropolitan Government as a rearrangement zone A (hereinafter “instant rearrangement zone”).
The provisions pertaining to this case in the articles of association of the Plaintiff are as follows.
Article 7 (Methods of Notifying and Announcing Matters concerning Rights and Duties) (1) A cooperative shall faithfully notify and publicly announce matters concerning the rights and duties of its members (including changes) to its members and interested parties.
(2) Public announcement under paragraph (1) shall be made by the following methods, except as otherwise provided for in the articles of incorporation:
1. To members concerned, a notice shall be given individually by registered mail, and if the notice is returned, the notice shall be sent additionally only once by ordinary mail;
2. Posting of bulletin boards;
3. The association members shall be the owners of or persons with superficies on the Internet homepage, etc.
Article 11 (Loss of Membership) (1) Where a member transfers the ownership of a building or the status of being selected as an occupant, etc., he/she shall immediately lose his/her membership.
(2) An applicant for parcelling-out under Article 44 shall lose his/her qualification as an association member.
Article 35 (Measures for Resettlement) (1) A resident in a project implementation district who has been removed due to a project implementation, shall expropriate housing or lend housing funds to the temporary accommodation facilities during the project implementation period.