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(영문) 서울서부지방법원 2018.08.08 2017가단238519
구상금
Text

1. The claim of this case is dismissed.

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

Reasons

1. Basic facts

A. On July 12, 2010, the Defendant is a housing redevelopment and consolidation project association that obtained authorization from the head of Mapo-gu Office to implement a housing redevelopment project in Mapo-gu Seoul Mapo-gu D.

B. On February 20, 2012, Nonparty E received the registration of ownership transfer for a building with a size of 63 square meters and above ground located in the Seoul Mapo-gu Seoul Metropolitan Government (hereinafter “each of the instant real estate”) in the said improvement zone, and became a member of the Defendant, and applied for parcelling-out on May 17, 2012.

C. On June 12, 2014, the Plaintiff was awarded a successful bid on each of the instant real estate and completed the registration of ownership transfer on July 8, 2014. On July 11, 2014, the Plaintiff acquired the Defendant’s membership from the foregoing E and concluded a sales contract with the Defendant (G; hereinafter “instant apartment”).

In relation to the relocation measures, Article 35 (2) of the original articles of association of the Defendant stated, “A union may directly enter into an agreement with a financial institution or arrange members who wish to provide the relocation expenses by concluding an agreement with a contractor. In such cases, a union member who receives the relocation expenses shall provide the land and buildings owned in the project implementation district as security.”

E. The Defendant concluded an agreement with a financial institution pursuant to the above articles of incorporation and arranged loans for moving expenses, and provided interest on the loans for moving expenses free of charge according to the agreement with the contractor.

However, as a result of the issue of equity with members who do not receive moving expenses, the amendment of the articles of incorporation at the ordinary meeting held on December 28, 2013 was made by adding to the proviso of Article 35(2) of the above, “However, for the members who did not receive moving expenses, they shall settle the amount of the loan interest at the time of moving.”

F. The instant apartment house began to move from February 28, 2017, and the Defendant was held on March 3, 2017.

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