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(영문) 서울행정법원 2017.12.15 2017구합75804
기타(일반행정)
Text

1. The Defendant’s KRW 3,690,000 as well as 5% per annum from August 11, 2014 to July 11, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment and rearrangement project association established for the purpose of implementing a housing redevelopment project (hereinafter “instant project”) using the Seongbuk-gu Seoul Metropolitan Government Seoul Metropolitan Government 31,252.90 square meters as a project implementation district, which is a housing redevelopment and rearrangement project association that implements the instant project as follows.

The defendant is the plaintiff's member.

For purposes of October 15, 2007, the approval of the establishment of the association on June 30, 2008, for the implementation plan on June 15, 201, the approval of the implementation plan on June 15, 201, which was issued on September 11, 2012, the approval of the amendment of the management and disposal plan on December 24, 2013, the completion of which was issued on December 27, 2013, the relocation announcement was made on July 3, 2014.

B. On July 14, 2012, the Plaintiff: (a) held a general meeting of shareholders; (b) passed a resolution to change the rearrangement project cost of KRW 146,342,660,060; and (c) the estimated revenue amount of KRW 187,663,462,345 (the difference between the estimated revenue and the estimated improvement project cost) and the estimated revenue amount of KRW 187,663,462,345; and (d) obtained authorization for the change of the management and disposition plan from the head of Seongbuk-gu Office on September 11, 2012; and (e) around that time, the members including the Defendant, etc.

C. Since then, all revenues and expenditures of the cooperative on the instant business have been reduced due to the reduction of revenues from sale in lots and the reduction of sales countermeasure costs. On April 25, 2014, the Plaintiff held a general meeting of shareholders (hereinafter “general meeting of this case”) on April 25, 2014, and passed a resolution to impose on the cooperative members the maintenance project costs in comparison with the time when the management and disposition plan was amended, with revenues of KRW 144,106,428,600, and revenues of KRW 184,708,00 (the difference between revenues and the maintenance project costs) reduced to KRW 40,601,580, respectively, and accordingly, the maintenance project costs of KRW 719,221,885 (=41,320,802,285) to bear the previous asset ratio of the cooperative members (=40,601,580,400,00).

On July 10, 2014, the Plaintiff adjusted the partnership project cost at the ordinary meeting of the association in 2014 and announced on July 3, 2014.

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