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(영문) 인천지방법원 2017.08.10 2015구합50430
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. A summary of a land readjustment project (hereinafter “instant project”): Determination and public notice of an urban planning project zone on July 3, 1998: Incheon Metropolitan City public notice C- Incheon Metropolitan City’s establishment and project implementation authorization on July 13, 2002: Public notice D- Incheon Metropolitan City public notice E- public notice E- of Jung-gu Incheon Metropolitan City’s office on May 29, 2007 - authorization of establishment of an association (change) and project implementation (change) on May 29, 2007: Public notice F- of Incheon Metropolitan City’s public notice - authorization of a land substitution plan (change) and a land substitution plan (change) on October 4, 201, not a replotting disposition.

Public Notice of Incheon Metropolitan City - Public Notice of replotting on October 24, 201

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is a partnership that received project implementation authorization under the former Land Readjustment Projects Act (repealed by Act No. 6252, Jul. 1, 2000; hereinafter the same).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, as the Plaintiff’s member, is a person who received a substitute land for the share of 56.9/274.3 square meters in Jung-gu Incheon Special Metropolitan City, where the Defendant and H owned one-half share of 1/2 shares.

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; 11. Determination of land assessment after reorganization;

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