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(영문) 창원지방법원 2018.10.17 2018구단10232
청산자지위확인
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant is a cooperative established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of promoting a housing redevelopment project within the area of 5,224.60 square meters in Changwon-si E (hereinafter “Maintenance Zone”), and the Plaintiffs are the owners of lands, etc. in the rearrangement zone.

B. The Plaintiffs filed an application for parcelling-out with the period from January 18, 2016 to March 17, 2016, the period for filing an application for parcelling-out, and the Defendant received a management and disposal plan for the instant housing redevelopment project from the original market on November 25, 2016.

C. The Plaintiffs sent to the Defendant a written statement of withdrawal of the application for parcelling-out from July 29, 2016 to August 31, 2016, the date prior to the authorization of the above management and disposition plan.

[Reasons for Recognition] Unsatisfy, Entry of Evidence A No. 1, All pleadings

2. The plaintiffs' assertion and judgment

A. The plaintiffs' assertion ① did not disclose the evaluation results of previous assets at the time of the application for parcelling-out, ② the defendant agreed to allow the plaintiffs to preferentially apply for parcelling-out and to recognize the withdrawal before the management and disposal plan if there is an objection against the previous assets thereafter, ③ the defendant's articles of incorporation did not limit the period of cancellation of the application, and the process of amendment of the articles of incorporation several times, etc., even if the plaintiffs withdrawn the application for parcelling-out to the defendant after the expiration of the period of application for parcelling-out, it shall be deemed as a cash liquidation. Therefore, the confirmation shall be sought.

B. (1) Determination (A) illegality in the procedure for application for parcelling-out (A) (1) An Urban Improvement Act (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter the same shall apply) stipulates only the matters to be included in the notification and public notice of the application for parcelling-out, including “the details of an outlined charge”, and does not specify the price of the previous assets, and 2) the procedure for notification and public notice of

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