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(영문) 서울행정법원 2016.05.26 2015구합51934
사업비분담금 등
Text

1. The Plaintiff:

A. The defendant (Appointeds) and the appointed parties are 1,292,652 won, respectively, and the defendant (Appointeds).

Reasons

1. Basic facts

A. The Plaintiff was established for the purpose of implementing the Housing Redevelopment Improvement Project (hereinafter “instant project”) for the Dongjak-gu Seoul Metropolitan Government P and Q Man 31,99 square meters (hereinafter “instant project”) and obtained authorization for the establishment of a housing redevelopment project from the head of Dongjak-gu Seoul Metropolitan Government on March 20, 2007 (hereinafter “the head of Dongjak-gu”).

B. The Plaintiff established a project implementation plan for the instant project and received authorization from the head of Dongjak-gu on April 15, 2009 from the head of the Gu and obtained authorization for the implementation plan on July 22, 201.

C. The Plaintiff received the application period for parcelling-out from June 23, 2009 to August 11, 2009, the Defendant (Appointed Party), the Defendants, or their inheritee applied for parcelling-out.

Article 34 (Imposition and Collection of Rearrangement Project Costs) (4) The applicant for parcelling-out shall settle in cash after deducting the full amount of the relocation expenses paid by the association on the basis of the previous asset appraisal value as of the following day after the expiration date of the period for the withdrawal of the application for parcelling-out, and the party who has not concluded the

In addition, the project cost shall be settled in cash after deducting the project cost, etc. invested from the existing asset ratio.

On February 21, 2013, the Plaintiff held a general meeting of shareholders (hereinafter “instant general meeting”) and resolved on the “case of amendment to the articles of association of the association” with the consent of 165 members among 221 members registered.

(hereinafter “instant general meeting resolution”). Article 34(4) of the amended articles of association concerning the imposition of maintenance project costs on a person subject to cash settlement (hereinafter “instant articles of association”) is as follows.

E. After that, in order to reduce the risk of unsold in lots in real estate market, the Plaintiff changed a project implementation plan on July 18, 201 to eliminate apartment units 44 square meters and increase the small and medium-sized square units, and after obtaining authorization for the implementation of the project from the head of Dongjak-gu on July 18, 2013.

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