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(영문) 서울행정법원 2018.01.19 2017구합62822
총회결의 일부 무효의 소
Text

1. On February 7, 2017, the Defendant’s case involving the payment of part payments to those who have renounced the State-owned or public land on the agenda item No. 7.

Reasons

1. Basic facts

A. The Defendant is a housing redevelopment project partnership established upon authorization from the head of Yeongdeungpo-gu Office on January 8, 2010 to implement a housing redevelopment project in the Yeongdeungpo-gu Seoul Metropolitan Government J Senior 73,698 square meters (hereinafter “instant rearrangement zone”).

B. On April 14, 2015, the Defendant submitted to the Defendant’s members a document stating “the guidance on the documents to be submitted for the evaluation of previous assets” to the Defendant’s “the Plaintiff’s association members (unauthorized building owners) who possess State-owned or public land and the association members who possess State-owned or public land owned by a building owned by State-owned or public land, to the association by April 24, 2015.” (c) The Plaintiffs were the Defendant’s members who own the State-owned or public land in the instant improvement zone, and did not purchase State-owned or public land possessed by the Plaintiffs. (d) On February 7, 2017, the Defendant held a general meeting for the revision of the administrative disposition plan and decided that the members who renounced State-owned or public land should not be subject to an intermediate payment loan (interest without interest) provided for in the project expenses, unlike the existing union members, and that they should pay part payments.

hereinafter referred to as "the resolution of the general meeting of this case"

【Facts without dispute over the grounds for recognition, Gap evidence Nos. 1 and 2, Eul evidence No. 1, and the purport of the whole pleadings

2. Determination on this safety defense

A. The defendant's defense does not have been resolved at the general meeting, etc. on the agenda on which the interest accrued from the intermediate payment is paid to members in the rearrangement project cost, and thus, the payment of interest on the intermediate payment is not finally determined. The payment of interest on the intermediate payment is not finally determined. Since the sales contract has not yet been concluded for the members, the amount of intermediate payment, payment timing

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