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(영문) 서울행정법원 2015.11.13 2015구합60143
기타(일반행정)
Text

1. We dismiss the instant lawsuit.

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

Reasons

Basic Facts

The Plaintiff is a housing redevelopment and rearrangement project association established for the purpose of implementing the "A Housing Redevelopment and Improvement Project" (hereinafter referred to as the "instant project") whose project area covers 31,252.90 square meters in Seongbuk-gu Seoul, Seongbuk-gu, Seoul. After obtaining authorization from the head of Seongbuk-gu Seoul Metropolitan Government to establish the project on October 15, 2007, and obtained authorization for the establishment of the management and disposal plan on April 23, 201 and authorization for the modification of the management and disposal plan on June 15, 201.

On July 14, 2012, the Plaintiff: (a) held a general meeting on July 14, 2012 to resolve to change the rearrangement project cost of the management and disposition plan to KRW 146,342,60,060; and (b) to the revenue estimated amount to KRW 187,663,462,345; and (c) on June 20, 2014, the Plaintiff obtained approval for the alteration of the management and disposition plan from the head of Seongbuk-gu Seoul Metropolitan Government (hereinafter “third management and disposition plan”); and (d) the Defendant, the Plaintiff’s partner, paid to the Plaintiff the estimated liquidation amount of KRW 2

The estimated revenue of the third management and disposal plan was 187,63,462,345 won in total, 146,342,660,060 won in total, but the estimated revenue of the rearrangement project was 146,342,660,060 won in total, and the revenue and expenditure was 184,708,009,000 won in total, and the expenditure was 144,106,428,600 won in total due to the reduction of sales revenue, reduction of sales revenue, reduction of sales revenue, etc.

On April 25, 2014, the Plaintiff held a general meeting on April 25, 2014 and resolved to bear KRW 719,221,885 of the project cost to be additionally borne due to the decrease in revenue and expenditure.

On July 3, 2014, the president of the Plaintiff’s partnership completed the instant public announcement of the transfer of the business, and then notified the Defendant of the disposition of “final settlement money” that the Defendant would pay KRW 6,841,000 to the Defendant according to the above public announcement of the general assembly by August 10, 2014.

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1 through 7, and the purport of the entire pleading, ex officio, whether the lawsuit of this case is legitimate or not.

The main sentence of Article 57 (1) of the Urban Improvement Act shall be a site or building.

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