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(영문) 수원지방법원 2015.06.09 2013구합20944
청산금
Text

1. All plaintiffs' lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiff ABD Housing Reconstruction and Rearrangement Project Association (hereinafter “Plaintiff Association”) is a housing reconstruction and rearrangement project association established to remove the ABD and build new apartments on the surface of 7 parcels, O in Seongbuk-gu, Sungnam-si, and Manam-si (hereinafter “instant project”).

Plaintiff

On June 2, 2008, the Mutual Association entered into a joint project implementation agreement with the Korea Land and Housing Corporation for the instant project.

B. On February 9, 2009, the Plaintiffs received authorization for the implementation of the instant project from the Sungnam City on February 9, 2009, and obtained authorization for the management and disposal plan on July 5, 2010, and obtained authorization for the modification of the management and disposal plan on February 21, 2013, and made a public announcement on December 5, 2013.

C. The Defendants (Defendant L, M, and N are those who succeed to the status of the union members following the death of P, who were the Plaintiff’s union members) sold an apartment newly built according to the instant project as the members of the Plaintiff’s association.

On December 6, 2013, the Plaintiffs notified the Defendants of the payment of each of the amounts stated in the purport of the claim calculated in accordance with the amended management and disposal plan (hereinafter “instant settlement money”) as settlement money (hereinafter “instant settlement money”). However, the Defendants did not pay the said amount by December 15, 2013, the payment deadline.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 10 (including additional number), the purport of the whole pleadings

2. The plaintiffs, a co-implementer of the instant lawsuit, seek payment of liquidation money of this case to the defendants who purchased newly-built apartments according to the instant project as members of the Plaintiff Union by the instant lawsuit, 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 54 of the articles of incorporation of the Plaintiff Union, and ex officio review the legitimacy of the instant lawsuit.

The main sentence of Article 57 (1) of the Urban Improvement Act shall be “site or site”.

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