2012Nu33715 Confirmation of sale rights

A person shall be appointed.

Attorney ○-○, et al.

A person shall be appointed.

Representative ○○○○

Law Firm ○○, Counsel for the defendant-appellant

○○, ○○, ○○

Seoul Administrative Court Decision 2012Guhap3767 decided October 5, 2012

June 14, 2013

July 19, 2013

1. All of the plaintiff's claims that are changed in exchange in the trial are dismissed.

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

The judgment of the first instance is revoked. The imposition of additional charges made by the Defendant to the Plaintiff on May 9, 2012, around the first instance court.

I affirm that the disposition is null and void. Preliminaryly, the defendant on January 12, 2012 "the amount before and after the end"

Members who have accepted the premise that they will bear the difference between the contributions of members and the shares in general sale;

The sale contract shall progress upon acceptance by the plenary session at the same time. The resolution confirms that it is invalid.

(The plaintiff changed the litigation in exchange for the other party).

1. Facts of recognition

A. Status of the party

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In order to promote a stable project, the former Housing Construction Promotion Act ( May 5, 2003) with the consent of sectional owners.

29. Before the amendment to the Housing Act (Act No. 6916) was made effective on November 30, 2003

A house for which approval to establish an association has been granted by the head of Gangnam-gu Seoul Metropolitan Government on January 29, 2003 pursuant to paragraph (1).

The reconstruction and maintenance project partnership, July 28, 2003, the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (Act No. 685, Dec. 30, 2002)

The registration of incorporation was completed in accordance with Article 16, which was promulgated by § 6852 and enforced from July 1, 2003).

The Plaintiff is a person who was an owner of the 7-dong apartment of this case (70 m2, 67 m2 square meters, 22 square meters).

(b) Approval for applications for parcelling-out and management and disposition plans;

The defendant on December 28, 2007 received project implementation authorization for the above reconstruction project from the head of Gangnam-gu Office.

H. March 3, 2008 40 days from March 3, 2008 to April 11, 2008

An application for parcelling-out shall be determined and publicly announced, and May 6 of the same year, and the period of re-election shall be from May 6, 2008 to May 5, 2008.

10. The plaintiff made an extension announcement of the application for parcelling-out for five days until March 10, 208. The plaintiff was sold in lots on March 10, 2008.

No shipment shall be made in the form of 24 square meters in order 1, 24 square meters in order 24 square, and 3 square meters in order 24 square meters in order;

A. The Defendant held a general meeting of partners and resolved on a management and disposition plan on May 31, 2008, and August 2008.

19. Books determined as 372 households supplied by cooperative members and 25 households among total 397 households, and to be the head of Gangnam-gu;

The main contents of the authorized management and disposition plan are as follows.

Article 3 (Disposal of Buildings)

3. Criteria for dispositions of structures; and

2) The sale of housing units by members shall take precedence over rental housing and general apartment units.

Article 6 (Standards for Normal Allocation of Members)

1. The ordinary allocation of newly-built apartments to be sold to members shall be made by members in an application for parcelling-out during the period for application for parcelling-out;

The following shall be determined by means of a flat allocation method on the basis of the wishes-based opinion of each order of preference:

2. The sale area of a newly-built apartment – 24 square meters - 93 square meters - 24 square meters - 95 square meters - 28 square meters - 28 square meters - 08 square meters - 33 square meters - 34 square meters - 36 square meters -;

133 . 29m² - 40평형 ( A타입 ) , 132 . 62㎡² - 40평형 ( B타입 ) 에 관하여 24평형 , 28평형 , 33평형 , 36평

Punishments, 40 squares (no classification shall be included) shall be allocated.

3. A member may apply for any of his/her reputation and apply for the allocation of his/her reputation on the basis of his/her desired reputation;

The following shall apply:

A) The former 22 square owners made the first application for the new apartment type 24 square and the second 28 square.

allocation.

B) The former 31 square owner filed a first application with respect to the new apartment type 33 square and 36 square.

(3) if there is a remaining 33 square meters after the new apartment is allocated, the previous 22 square owners.

To sell in the order of 1st 33 square applicants, the remaining 36 square after the allocation of new apartments 36 square meters.

In this case, it shall be sold in the next order to the applicant for the first 36 square type of the previous 35 square owner.

C) The former 35 square owner shall preferentially assign the new apartment type 40 square meters where the first application was filed.

4. Where competition occurs at the time of the first-class allocation under paragraph (3) above, the rights shall be allocated in the order of a maximum amount of money, and the rights shall be allocated.

If the amount is equal, it shall be determined by lot.

5.In the case of a union member whose usuality has not been determined after the ordinary allocation under paragraphs 3 and 4 above, the wish of the second order in the application for sale;

With respect to the ordinary punishment, each ordinary right shall be allocated in the order of a maximum amount.

6. Three order of application for parcelling-out in the case of a member for whom a decision of equilibrium has not been made after the ordinary allocation under paragraphs 3, 4, and 5 above;

Each of the right to deliberation shall be allocated in the order of a large amount in relation to the desired deliberation.

7. In the case of an application for parcelling-out, if it has not been decided flatly even in the application for the third priority, the remaining square of the newly-built apartment;

shall be drawn from a large level of deliberation to a random.

Article 7 (Contributions to Members)

* Former assets = The amount computed by taking an arithmetic mean of two corporations engaged in appraisal and assessment.

* Value of rights = Assets of previous association members (amount obtained by calculating the arithmetic mean of appraisal value of land and buildings)x proportional ratio

*vid ratio = Expenses distributed to members in a balanced manner the pure development gains accrued from a reconstruction project.

RateD

The proportional ratio = (the total estimated amount of revenues from sale in lots after the completion of the project - the total project cost): Existing assets.

The proportional rate = (412, 762, 790, 970, 80, 524, 171, 365): 308, 493, 050, 00 = 1,07697

1. The amount of rights of members of an apartment association = Article 4 (Standards for Former Assets)x proportional ratio;

2. Shares of apartment association members = Shares of association members in units of each Dong and unit - the amount of rights of association members.

3. All the matters that have been made on the basis of the expected gross income and total expenditures of the members of an apartment association;

There may be a certain increase or decrease due to changes, and if there is an increase or decrease, it shall be settled at the time of liquidation of the partnership.

4. Members' contributions shall be calculated by making the average amount of money recorded in bulk by two appraisal institutions as the previous assets.

applying the proportion ratio to the sale price of new buildings, which is the amount obtained by subtracting the rights of members.

Even if punishment is imposed, the appraised value may vary depending on the floor, direction, location, etc.

Article 8 (Plan for Disposal of Cash Liquidationr)

1. Object of liquidation;

1) Sale prescribed by all the regulations, such as the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, its Enforcement Decree, its Enforcement Rules and its

A person who fails to meet the eligibility criteria

2) A person who did not conclude a contract for sale in lots.

3) A person (including a successor) who does not perform any other obligation, such as the payment of contributions, repayment of relocation loans, etc.

4) Other members having a potential to have a financial disadvantage to the majority of the members.

Where a resolution is passed to liquidate a meeting, the owner concerned;

(c) the progress of procedures for the selection of such units, units, and for the alteration of the type;

At the ordinary meeting of the defendant on April 11, 2009, in accordance with the criteria for the allocation of the majority for the union members at the ordinary meeting of the above union members

As a result of the 24 square meters and allocation of the new apartment complex, the plaintiff wishes; or

40 square meters (133. 29 or 132. 62 square meters) without being allocated a flat new apartment.

106 Dong 301 (hereinafter referred to as "the instant 40 square-type apartment") was assigned. It is different from the Plaintiff.

When members wishing to be supplied with flat punishment occur, the defendant Council on October 12, 2009

An agenda item for distribution shall be presented to the members who have filed an application for parcelling-out, and the existing square is 29 among the members who have filed an application for parcelling-out.

29 square 29 square : Members wishing to be changed to normal terms, who remain in general sale;

16. Allocation banks for 16 households, such as Dong and lake lot numbers, after obtaining opinions from all members of the Committee.

The law shall be discussed by the board of representatives on the law, shall be changed in the form of deliberation, and shall be conducted by the general meeting.

After ratification, this shall be reflected in the amendment of the management and disposition plan.

1. From November 2, 2009 to November 2, 2009, 13 members wishing to change their reputation, including the Plaintiff, are added.

On November 27, 2009, at the defendant's office, the lottery procedure for the alteration of the square was carried out. The above re-satising procedure was carried out.

In the attached procedure, the plaintiff is a newly-built apartment Nos. 102, 501 (hereinafter referred to as "the plaintiff's 29-type apartment of this case").

D. According to the Defendant’s management and disposal plan, there was a usual sale price for the union members.

34,000,000 won was set at the level of 34,000 won, but at the Gangnam-gu sales price examination committee on October 31, 201.

to determine the upper limit of the general sale price as 31,500,000 won per square, the sale price of the union members shall be more than the sale price of the union members.

The half-out price was lower. Accordingly, the Defendant’s “the tax originally allocated to the members of the relevant association”

A loss incurred as a result of the sale in general, other than the sale in units by members of the association (the appraisal of assets after the closing);

- The amount of sale in lots - The households newly allocated according to changes in the grade or grade are not the sale in lots by members.

In the event of sale in general, the difference (hereinafter referred to as "the amount appraised of the last asset - the amount of sale in general") between the loss and the

“Additional Charges” shall be changed on the condition that a partner who wishes to change his/her reputation bears the following:

Corporation shall proceed, and notify its members who wish to change their sentences of this content to the extent that the Plaintiff

“To bear all the costs incurred in the alteration of the equilibrium and to the public” from the other desired members;

No objection shall be raised against all the legal responsibilities of the criminal charges, and even if the allocation of the usual penalty is made;

not required to be submitted by the Plaintiff on December 201, 201, but the Plaintiff shall bear additional charges.

The applicant did not submit a written statement on the ground that he could not submit it.

(d) a resolution to impose a self-additional charges and notice thereof on January 12, 2012;

Article 21 (10) of the Defendant’s articles of incorporation

C. The defendant prescribes that "the application for parcelling-out shall be made by the members who applied for parcelling-out at an extraordinary general meeting of the persons on January 12, 2012;

Among the members who wish to change and exchange the existing usual punishment, from November 2, 2009 to November 11, 2009.

13. At the request of the applicants up to November 27, 2009, as shown in the accompanying documents by conducting a small-scale lottery;

Finally changed persons shall be determined, and the contributions to members and the general sale of shares of the amount of the previous and the subsequent payments shall be made;

members who have accepted the terms and conditions under which the difference for the portion is borne by the General Assembly at this time.

the contract for sale in lots is to run. "The case of "the agenda related to the flat change" has passed the agenda, and the final agenda has been passed.

The plaintiff was included in the list of flat changeers: Provided, That the above reasons such as the failure to conclude the plaintiff's sales contract, etc.

application and authorization for the modification of the management and disposition plan reflecting the contents of the resolution of the general meeting such as this is not yet filed.

The Defendant did not support the Plaintiff. On January 12, 2012, the Defendant: (a) on January 12, 2012, a detailed statement of the Plaintiff’s shares to be borne by the Plaintiff.

According to this, the additional charges to be borne by the Plaintiff are KRW 82, 150,00. This is the additional charges to be borne by the Plaintiff.

The plaintiff, who was originally assigned to the plaintiff, sold the 40 square apartment of this case to the general public, not the members of the association.

- 122, 100, 000 won (the average of the appraised value of an asset after the end of the year, 35,052, 500 won);

General apartment units of this case 29 square meters are sold in general from the ordinary sale price of 32,00,000 x 40 square meters)

39,950,00 won / [the amount of appraisal of assets after the completion of the contract)] arising from the sale by non-member;

30, 377, 586 - The ordinary sale price shall be 29,00,000,000) X 29,00 won or less.

forest] The deducted amount is the amount.

(e) notice on May 9, 2012 on the imposition of self-additional contributions;

Defendant, May 9, 2012, 2012, “The title “ ” in relation to the contract for the applicant for the alteration of a square shall be the title “.” to the Plaintiff.

The notice was given from May 14, 2012 to May 18, 2012 that a sales contract should be concluded, and the notice was given.

According to the detailed statement of the charges to be borne by members of the ordinary changes attached thereto, the additional charges to be borne by the plaintiff shall be

136, 650, 000 won. This is the portion of the association members of the instant 40-type apartment house originally allocated to the Plaintiff.

162, 100,00 won / [the amount of appraisal of an asset after the end of the year)] any loss arising from the sale in general, not in quantity;

In the instant case at L/W 35,052, 500 won - P/W 31,000 of the ordinary sale price, X 40 square meters)

29 Profits accruing from the sale in lots of the 29-type apartment complex by the members who are not general sales in lots.

25, 450,00 won [30, 377, 586 won per square meter of the appraised value of the asset after the end of the year ] - General sale price per square meter.

29, 500, 000 x 29 square meters, and 10 won) are deducted.

(f) On February 25, 2013, approval for use of newly-built apartment units has been granted on February 25, 201, and entry from the 26th of the same month;

The share price began, and the present 29-gu apartment house remains in the share of the members of the association.

[Evidence] Each entry of Gap evidence 1 to 20, Eul evidence 1 to 24 (including numbers; hereinafter the same shall apply)

The purpose of the whole theory

2. Determination:

A. The plaintiff's primary and conjunctive claims

The defendant, at the extraordinary general meeting of the defendant on January 12, 2012, cultivated franchising for the change of the equilibrium as the plaintiff.

The criteria for January 12, 2012 are determined to impose additional charges on members and to the Plaintiff.

82 The notice of imposition of additional charges of KRW 150,00,000 shall be given, and again May 9, 2012;

136, 650, and 000 won were increased and notified of imposition. Accordingly, the Plaintiff on January 12, 2012

The confirmation of invalidity of the resolution of imposition is a preliminary claim, and on May 9, 2012, the notification of imposition of the self-payment is invalid.

the person's primary claim is the person's claim.

On January 12, 2012, the lawsuit disputing the validity of the resolution on the imposition of the self-additional charges by the Defendant is in the public law.

Since it is related to a legal relationship under the Administrative Litigation Act, it constitutes a party litigation under the Administrative Litigation Act. 2) also belongs to the defendant

May 9, 2012, notice of imposition of a self-additional charges was issued on January 12, 2012 by a resolution for imposition of a self-additional charges

If the management and disposal plan concerning imposition of additional charges is modified, the modified management and disposal plan.

notice of the imposition of additional charges that the plan becomes effective as an administrative disposition and that administration itself

agency to seek confirmation of invalidity of the notification of imposition of self-additional charges on May 9, 2012, although not considered a disposition,

The Gu’s purport is to seek confirmation of the existence of the obligation of KRW 136, 650, 00,000, for a self-reliance on May 9, 2012

Therefore, an administration that seeks confirmation of invalidity of a declaration of intention by a party in a legal relationship under public law.

A decision on January 12, 2012 on the imposition of a self-additional charges can be seen as a party suit under the Civil Procedure Act.

claim seeking confirmation of invalidity of the standard additional charges of 82, 150, 00 won on January 12, 2012

Inasmuch as this purport is to seek re-verification, collection of KRW 136,650,00,00 for self-verification on May 9, 2012

with a view to seeking non-existence of the primary claim, the primary claim may be deemed to have a relationship

(c)

On the other hand, there is a relationship between the primary claim and the conjunctive claim, which is rejected and contradictory.

The plaintiff's conjunctive claim is inconsistent with the primary claim as mentioned above.

In addition, it can be seen that there is a relationship that absorbs the primary claim, so the preliminary action is in a lawsuit.

The plaintiff's primary and conjunctive claims cannot be viewed as a claim. Ultimately, the plaintiff's primary and conjunctive claims against the defendant.

There are issues as to whether there is a liability for provisional charges and only the amount is 136,650,000

The above two administrations are merely those which are different in terms of Won and 82, 150, 000 won.

the Gu together with the Gu.

B. Whether a resolution and notice on the imposition of additional charges are invalid

1) Whether it is invalid against the management and disposition plan

The plaintiff's 40-type apartment complex of this case originally allocated to the plaintiff is not a partner's sales.

The additional burden of the Plaintiff on the loss incurred by the sale in lots is that "the sale in lots shall be made by the members."

The apartment shall be sold in preference to the substitute housing and the general apartment, and the apartment shall be sold in preference to the management and disposition plan.

§ 7(7) of the management and disposition plan asserts that the application for sale is void.

In the application of priority, a member who has not been determined flatly shall have a large amount of balance on the remainder of the new apartment

I draw lots from ordinary to ordinary drawing lots. The plaintiff is dissatisfied with the present 40.

Pyeongtaek apartment is sold to the general public without being sold to the plaintiff who is a member of the association, and is so sold;

by resolution of the general meeting shall bear the loss to the plaintiff, if the loss is incurred to the defendant

The defendant's decision to impose his own additional charges on January 12, 2012 is lawful. Therefore, the defendant's decision to impose his own additional charges on January 12, 2012

and May 9, 2012, notice of imposition of a self-additional charge cannot be deemed null and void against the management and disposition plan.

The plaintiff's above assertion is without merit.

2) Whether it is invalid against the principle of equality

The Plaintiff’s resolution and notification of the Defendant’s additional charges are equal to that of its members.

Intentionally asserts that the articles of incorporation are null and void against Article 10(2). However, Gangnam on October 31, 201

The Gu's Sales Price Review Committee determines that the upper limit of the general sales price is lower than the sales price of the members.

Accordingly, the Plaintiff did not conclude a sales contract for the instant 40-type apartment that was first allocated to the Plaintiff.

(2) If the apartment is converted into the general sale share, the sale price and general

The damages equivalent to the difference between the sale price and the sales price occur; ② The defendant shall grow from the above damages.

The 29-type apartment of this case was sold to the members of the association, not the general sale.

such a manner as to deduct the profits to be acquired by such method, and such

Due regard to the losses and profits of the partnership due to changes in the upper limit of the general sale price;

(3) The plaintiff had already been allocated a 40-presidential apartment in this case, but is not the Gu.

and through the re-sale procedure of the re-sale of the apartment of this case 29 square meters.

(2) The right to such a cultivation may be newly granted in accordance with the total of its members.

It cannot be regarded as a right inherent in the qualification of a union member, unless it is justified in doing so;

In principle, if a union suffers additional loss, whether or not to share it and how to share it.

(4) The first allocation by the Plaintiff of the instant case 40 square Ampha

The difference between the sale price and the general sale price of the property sold in lots shall be partly borne by the members of the Company.

that is unfavorable in comparison with other members who bear only the contributions of members with respect to T.S.

office or the plaintiff who has given up the first apartment by lot and selected a usual change;

It seems to be a part that should be seen as the degree that it has considerably lost validity in light of social concept.

There is no (12 members, 13 members who wish to make a flat change, excluding the plaintiff, shall complete the conclusion of the sales contract.

(5) If the Plaintiff cannot accept such additional charges, the sales contract is concluded.

Since there is a way to conduct cash clearing 3) the plaintiff is particularly not entitled to do so.

In full view of the fact that it is not reasonable to deem that the resolution and notice of the imposition of additional charges are reasonable.

Many members, without good cause, forced the minority members to unfairly disadvantage the minority members.

The plaintiff's above assertion can not be seen as being inconsistent with the principle of equity among the union members. Thus, the plaintiff's above assertion is justified.

(2).

3) Whether it is invalid against the principle of trust protection

The Plaintiff, even though the Defendant’s change of the ordinary term without additional charges, was made at the same time, on January 12, 2012.

Resolution and notice of imposition of additional charges and re-determination on May 9, 2012; and

§ 18, 19, 21, each of the types of evidence No. 18, 19, and 21, in violation of the principle of trust protection.

According to the re-committee, on October 12, 2009, passed a resolution on the agenda of re-afforestation for the re-afforcing of a flat change.

Social Association, the board of directors of November 27, 2009, the board of directors of January 15, 2010, the board of directors of January 15, 2010, the board of directors of December 15, 2010, the board of directors of December 15, 201, and the board of directors of December 209.

10. 26. Representatives of Representatives of Representatives, and on December 28, 2010, with respect to additional charges at the time of holding the Representatives of Representatives of Representatives

The fact that there was no discussion, while proceeding with the initial procedure for the alteration of the form, the defendant existing to the plaintiff.

It is not specifically notified that additional charges, etc. are imposed in addition to the contributions of members.

may be recognized. However, the contents of the reconstruction project are continuous and phased progress.

In general, the initial board of directors and the board of representatives may specify its contents.

to proceed with the procedure of re-rupture of the re-rupture on the re-rupture change and a rough additional burden

The general assembly of this case which ratified the progress of the above ordinary changes procedure under the premise of the method of calculating the amount.

At the time of the proposal, the additional charges have not yet been determined. In fact, it seems that the additional charges have not yet been determined.

On January 12, 2012, compared to the time when a resolution on self-additional charges was adopted, May 9, 2012;

1. The proportion ratio was changed from 07697 to 054569 at the time when the sale was made, and the general unit price for sale was the same.

In the case of the instant 40 square-type apartment, KRW 31,00, KRW 300, and KRW 000 for the instant 40 square-type apartment, and KRW 29 square-type apartment.

of KRW 29,00, KRW 000, KRW 29,500, and KRW 000, the change in additional charges has occurred.

was also made and notified to the Plaintiff on January 12, 2012. The Plaintiff’s share of the cost of flat change is also made and notified to the Plaintiff.

In the calendar, "the difference between the general level of apartment floor, the hometown and the general level of sales price is the difference in the ordinary level of sales price in accordance with the final determination."

The charges may be changed due to the change of the charges. "The additional charges shall also be imposed as the plaintiff, as stated."

It seems that the possibility of change could have been sufficiently predicted. Accordingly, the Plaintiff’s above assertion also seems to have been made.

No reason exists.

C. Determination on moving expenses and late payment charges

On January 12, 2012, a detailed statement of the amount of charges to be borne by union members (Evidence B 11) on the basis of a flat change on January 12, 2012, shall occur to the general sale.

on May 9, 2012, the additional charges are written only, and the late payment charges are not written.

He/she shall bear the final contributions to be borne by the Plaintiff in a detailed statement of the contributions to be borne by his/her union members (No. 15 Evidence)

not only KRW 136, 650, 000, but also KRW 4 August 2008;

Expenses incurred in moving 248, 00, 000, 43, 522, 374, and members' contributions for 00 won;

In addition, 440, 565, and 482 won are stated in late 10, 972, and 008. The last day of the trial by the defendant.

No. 25, No. 26 shall be shipped into evidence proving the foregoing relocation expenses and the grounds for the imposition of the late payment charge on the date for pleading.

In addition, the purport of disputing the validity of the aforementioned relocation expenses and late payment charges after the closing of the argument in this case.

the reference brief was submitted.

However, from the first instance to the time the argument in the trial is concluded, the Plaintiff shall pay additional charges following the change of the punishment.

The purpose of dispute over delivery was to move expenses, and the late payment portion is not included in the purport of the claim.

Therefore, the moving expenses and the existence of the late payment charge does not separately determine the existence of the late payment charge (family moving expenses, arrears).

Even if the portion is included in the purport of the claim, at the special general meeting of the defendant on January 12, 2012, the defendant

on May 9, 2012, which was based on a resolution to impose this part, and which was found to be null and void of a notice of self-taxation

A party suit under the Administrative Litigation Act can be challenged by the person as a party suit under the Administrative Litigation Act. However, the defendant's 1.2012

12. A company resolved to impose a late payment charge at an extraordinary general meeting of the person;

There is no room, and even if it is based on the statement Nos. 25 and 26, at the ordinary meeting of the defendant on September 30, 2011.

No resolution may be deemed to have been made on the imposition of late payment charges to the members of an ordinary changed association. Ultimately, May 9, 2012.

A resolution of the general meeting that the plaintiff bears the relocation expenses on the detailed statement of the shares of his/her members who changed his/her usual class, and the late

With respect to such expression of intent by the Defendant, the confirmation of invalidity as a party litigation under public law shall be deemed to have been null and void.

As such, this part of the lawsuit cannot be sought, is unlawful).

3. Conclusion

Thus, all of the plaintiff's claims that have been changed in exchange at the trial are dismissed due to the lack of grounds.

(A) any action to verify the existence of the right of sale, which is the subject of an action, shall be taken due to the exchange change of the action

However, the judgment of the court of first instance on this issue is invalidated, and it is so decided as per Disposition.

Judges Lee Jae-won

Judges Kang Jong-chul

Judge Meritorious;

1) Subsequent to September 30, 2011, a general meeting of partners is held to change the foregoing leased households to 14 households and add 11 households to the general sale.

The amendment plan was approved on October 21, 201 by resolution of the amendment plan.

2) However, if a new management and disposal plan is approved by the competent administrative agency on the revised management and disposal plan, the revised management and disposal plan is an administrative disposition.

Since a management and disposition plan becomes effective, the cancellation or invalidity confirmation of the revised management and disposition plan shall be sought, and the resolution of the general meeting shall be separately made.

An action for confirmation that contests the validity of removal is not allowed unless there are special circumstances (Supreme Court Order September 17, 2009).

207Da2428 see Supreme Court en banc Decision).

3) Article 44 (Application for Parcelling-out, etc.) (4) Where a member of the association falls under any of the following subparagraphs, the association shall within 150 days from the date of falling under such case:

shall be liquidated in cash for buildings or other rights.

(5) Members shall conclude a sales contract within the date determined by the cooperative after approving the management and disposal plan, and shall not conclude a sales contract, if any.

The provisions of paragraph (4) shall apply mutatis mutandis.

4) The moving expenses shall be indicated in the defendant's articles of incorporation.

(2) The association shall directly enter into an agreement with a financial institution to any member who wishes to provide the moving expenses.

A member may arrange for the support by concluding an agreement with the contractor. In such cases, the member who receives the relocation expenses shall not be included in the project implementation district.

(3) The member of the association, who is supported with the moving expenses as provided in paragraph (2), or his right, shall be transferred to him.

A member shall refund the subsidized moving expenses to the contractor (or a financial institution) by the time of moving into the house, etc.