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1. All of the instant lawsuits are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is the Housing Redevelopment and Improvement Project Association established for the purpose of implementing a housing redevelopment project by setting the Seongbuk-gu Seoul Metropolitan Government D Japan large scale 31,252.90 square meters as a project implementation district.
B. On July 10, 2014, the Plaintiff: (a) notified the Defendants, a partner, of the payment of the settlement money for union members in writing, “Notice of Disposition of Settlement Money for Union Members of Housing Redevelopment Improvement Project; and (b) at an ordinary general meeting of union in 2014; (c) upon completion of the public notice on July 3, 2014, the Plaintiff notified the Defendants that the settlement money will be disposed of pursuant to Article 59 of the Association’s articles of incorporation; (d) the Defendants did not pay each of the said money by August 10, 2014.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings
2. Determination on the legitimacy of a lawsuit
A. As to the lawsuit in this case where the plaintiff sought payment of liquidation money against the defendants pursuant to Article 57 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), and Article 59 of the articles of incorporation of the plaintiff association, the defendants asserts that the lawsuit in this case is unlawful as there is no benefit.
(b) The details of the relevant statutes are as shown in the attached statutes.
C. In a case where there is a difference between the price of the land or building previously owned by the purchaser of the site or building and the price of the site or building that the purchaser of the site or building purchased in lots, Article 57(1) of the Act on 1st Urban Planning and Improvement of Urban Areas and Dwelling Conditions for Residents, the project implementer shall, after the announcement of relocation under Article 54(2) is made,
It shall be collected from a purchaser of buildings in units or paid to a purchaser of buildings in units.
If the price of land or a building previously owned by a person who purchases a building site or building is lower than the price of the building site or building he/she purchases by units, the person shall be a project implementer.