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(영문) 인천지방법원 2017.08.10 2015구합50324
징수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Determination and public notice of a district land readjustment project (hereinafter “instant project”) - July 3, 1998: Incheon Metropolitan City public notice C- the establishment and project implementation authorization on July 13, 2002: Incheon Metropolitan City public notice D- the authorization of a land substitution plan on December 27, 2004: The authorization of a land substitution plan on May 29, 2007: F- the authorization of the implementation of the project on October 4, 201 and the authorization of a land substitution plan (revision) for the implementation of the project on July 3, 2098: the authorization of a land substitution plan for the public notice of Jung-gu Incheon Metropolitan City, the authorization of the implementation of the project on October 4, 201, and the authorization of a land substitution plan (revision).

Public announcement of Incheon Metropolitan City - Public announcement of a replotting disposition on October 24, 201 (hereinafter referred to as "instant replotting disposition").

B. The Plaintiff as a party is a partnership that received project implementation authorization under the former Land Readjustment Projects Act (repealed by Act No. 6252, Jul. 1, 2000; hereinafter the same). The Defendant is a member of the Plaintiff, who was a substitute land of 1st to 464.9 square meters, due to the instant land substitution disposition on the land size of 574 square meters in Jung-gu, Incheon, which was owned by the Defendant.

C. The definitions of terms used in the Plaintiff’s articles of incorporation under Article 3 (Definition) of the Plaintiff’s articles of incorporation are as follows.

5. The term “rights area” means the area obtained by deducting the bearing area from the previously owned area under the land substitution plan; and

8. The term “settlement money” means the payment of reduced area to landowners where an area for replotting is smaller than an area for right.

Article 21 (Matters to be Resolved by General Meeting) The following matters shall undergo a resolution at a general meeting:

1. Amendment of the articles of association;

2. Alteration of the business plan;

3. Method of borrowing funds, interest rate, and method of repayment;

4. Revenue and expenditure budget and settlement of accounts;

5. The amount of dues and methods of collecting dues;

6. Construction plan and land substitution plan;

7. Designation of reserved land for replotting;

8. Determination of disposal methods of land allotted by the authorities in recompense for development recompense and approval for sales contracts;

9. Appointment or dismissal of officers or delegates; 10. Matters concerning merger or dissolution of the cooperative;

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