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(영문) 서울행정법원 2015.08.28 2015구합54957
현금청산금 청구의 소
Text

1. The Defendant’s respective KRW 347,863,00 for each of the Plaintiffs and 5% per annum from March 12, 2015 to May 8, 2015.

Reasons

Basic Facts

The defendant is a housing reconstruction and improvement project association that obtained authorization from the head of Songpa-gu Seoul Metropolitan Government on December 14, 2009 to implement a housing reconstruction and improvement project on a scale of 24,035.4 square meters in Songpa-gu Seoul Metropolitan Government, and the plaintiff A is the owner of each real estate listed in paragraph (1) of the attached Table 1 and paragraph (2) of the same Table, and the plaintiff B is the members of the defendant association.

(1) The Plaintiff filed an application for parcelling-out application with the head of Songpa-gu Seoul Metropolitan Government on April 7, 2014 under Article 46 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the “Urban Improvement Act”) for parcelling-out application for parcelling-out application for parcelling-out, and the Plaintiff filed an application for parcelling-out application for parcelling-out application for parcelling-out from June 9, 2014 to July 18, 2014; and on July 17, 2014, the Plaintiff extended the period for filing the application for parcelling-out application from July 19, 2014 to August 7, 2014 to extend the period for filing the application for parcelling-out application from July 19, 2014 to August 7, 2014.

Article 10 (Rights and Duties of Members) (1) Members shall have the following rights and duties:

5. Obligations to pay expenses, such as rearrangement project costs, liquidation money, surcharges, late fees, late fees, and losses incurred therefrom (including late payment of interest, delayed contract, delay caused by a dispute between the association members, etc.);

6. Obligation to remove and move by the business action plan;

Article 34 (Imposition and Collection of Maintenance Project Costs) (1) A cooperative may impose and collect expenses incurred in implementing housing projects, such as construction costs (hereinafter referred to as "maintenance project costs"), from its members, in order to appropriate funds for the expenses incurred in implementing the projects.

(2) The rearrangement project costs under paragraph (1) may be imposed after a resolution of the general meeting.

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