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(영문) 부산지방법원 2021.02.05 2019나59493
조합잔여재산분배금청구
Text

The plaintiff's appeal and the claims extended by this court are all dismissed.

costs of lawsuit after an appeal are filed.

Reasons

1. According to the evidence evidence Nos. 1 and 3 evidence No. 1 and 3, the Defendant Union established July 15, 2003 to remove the houses, etc. within the project implementation zone and build new houses. On May 19, 2019, the fact that the Defendant Union is dissolved by a resolution of an extraordinary general meeting and a housing reconstruction and maintenance and improvement project association under the Act on the Maintenance of Urban and Residential Environments.

2. The Plaintiff asserted and determined that the Defendant Union received KRW 14,360,637,410 from Busan Metropolitan City on September 20, 2018. The Defendant Union is obligated to pay the remaining remaining property shares to the Plaintiff, who is a member of the Plaintiff, because there is no remaining business of the Plaintiff, and the Defendant Union only remains a distribution of the above sales price received from Busan Metropolitan City.

The argument is asserted.

In light of the fact that the Defendant Partnership was dissolved on May 19, 2019, as seen above, the fact that the Defendant Partnership was dissolved on or around the basis of the foregoing facts, but according to the evidence No. 2 of the evidence No. 2 of the evidence No. 3, in other words, the fact that C Co. applied for provisional attachment of claims against the Defendant Partnership on June 27, 2019 and rendered a provisional attachment order under the Busan District Court Branch Branch Branch 2019KaMo102318, Jun. 27, 2019, there was no remaining business of the Defendant Partnership solely with the evidence submitted by the Plaintiff, and only distribution of the sales

There is insufficient evidence to acknowledge it, and there is no other evidence to acknowledge it.

Furthermore, Article 20(1)13 of the former Act on the Maintenance and Improvement of Urban Areas and Residential Environments (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act on the Maintenance and Improvement of Urban Areas”) provides that matters concerning liquidation procedures when a rearrangement project is terminated by the articles of association formulated by the association shall be included. Article 31 subparag. 12 of the former Enforcement Decree of the Act on the Maintenance and Improvement of Urban Areas and Residential Environments (wholly amended by Presidential Decree No. 28628, Feb. 9, 2018) provides that “matters concerning the merger or dissolution of a cooperative” as one of the articles of association. Meanwhile, the former Act on the Maintenance and Improvement of Urban Areas.

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