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(영문) 수원지방법원안양지원 2019.04.05 2018가합478
재건축분담금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a cooperative (hereinafter “Defendant 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 implementing a housing reconstruction project (hereinafter “instant project”) in the area of 118,069 square meters (hereinafter “instant project”) located in Si-si, Si-si (hereinafter “instant apartment”), and the Plaintiff is a member of the Defendant cooperative who filed an application for the 18th square type sale of apartment units (hereinafter “new apartment units”) to be newly built in the instant project area, as the owner of 7.5 square meters in Si-si E-si, Si, 2 (hereinafter “instant existing apartment units”) located in the instant project area.

B. On September 27, 2012, the Defendant Union obtained authorization to establish an association from the Overcheon Market.

C. On December 21, 2014, the Defendant Cooperative established a project implementation plan through the resolution of the special general meeting, and obtained authorization for the implementation of the instant project from the Central City Mayor on June 30, 2015.

The Defendant Union passed a resolution to approve a management and disposition plan with the consent of 1,349 from among 1,606 members, at an extraordinary general meeting held on August 28, 2016, at an extraordinary general meeting held by the Defendant Union. The Defendant Union obtained approval of a management and disposition plan from the Overcheon City on November 16, 2016.

E. On April 14, 2017, the Defendant Cooperative changed part of the project implementation plan through the resolution of the general meeting of shareholders, and approved the change of the project implementation plan from the Jungcheon City on June 29, 2017. On September 1, 2017, the report was accepted on November 13, 2017 after reporting the change of the insignificant matters in the project implementation plan.

F. On February 11, 2018, the Defendant Union passed a resolution to approve the amendment of the management and disposition plan with the consent of 1,461 of all 1,606 members at an extraordinary general meeting, and obtained the approval of the amendment of the management and disposition plan from the Overcheon Market on March 13, 2018.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1 to 11, purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff.

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