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(영문) 서울행정법원 2015.11.13 2015구합59464
기타(일반행정)
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Basic Facts

The Plaintiff is a housing redevelopment and consolidation 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 Metropolitan Government D Day, and obtained authorization from the head of Seongbuk-gu Seoul Metropolitan Government on October 15, 2007 after obtaining authorization for the establishment of the project from the head of Seongbuk-gu Seoul Metropolitan Government, and obtained authorization for the management and disposal plan on April 23, 201 and the authorization for the modification of the management and disposal plan on June

On July 14, 2012, the Plaintiff: (a) held a general meeting on July 14, 2012; (b) made a resolution to change the rearrangement project cost of the management and disposal plan to KRW 146,342,60,060; and (c) made a resolution to change the estimated revenue amount to KRW 187,663,462,345; and (c) on June 20, 2014, the Plaintiff was authorized to revise the management and disposal plan by the head of Seongbuk-gu Seoul Metropolitan Government (hereinafter “third management and disposal plan”); (d) Defendant B, the Plaintiff’s partner, paid KRW 80,859,583; and (e) Defendant C paid to the Plaintiff the estimated liquidation amount of KRW 12,84

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.

After completing the public announcement of the transfer of the instant project on July 3, 2014, the president of the Plaintiff’s association notified the Defendants of the disposition of “final settlement money” that the Defendants would pay KRW 1,407,00, and KRW 224,00,00, according to the above general meeting resolution, to the Defendants by August 10, 2014.

[Reasons for Recognition] The plaintiff is an urban area and a city that has no dispute, Gap's evidence 1 to 7, the purport of the entire pleadings, and the plaintiff's assertion of judgment as to the main defense.

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