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(영문) 인천지방법원 2017.08.10 2014구합33292
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: D- Incheon Metropolitan City public notice D- the establishment and project implementation authorization on July 13, 2002: Incheon Metropolitan City public notice E- the Incheon Metropolitan City public notice E - F- the establishment authorization and project implementation authorization on December 27, 2004: The authorization of a land substitution plan on May 29, 2007: public notice G-G- the project implementation authorization (change) and a land substitution plan (revision) on October 4, 201, not a replotting disposition.

Public announcement: H-Public announcement of the Incheon Metropolitan City’s replotting disposition on October 24, 201 (hereinafter “instant replotting disposition”).

B. The Plaintiff as a party is a cooperative that received project implementation authorization under the former Land Readjustment Projects Act (repealed by Act No. 6252 of July 1, 2000; hereinafter the same). The Defendant is a member of the Plaintiff, who was the Defendant, received the land substitution of the K-gi 306.6 square meters due to the instant land substitution disposition on the land substitution disposition on the land size of 209 square meters and 106 square meters before J, Jung-gu, Incheon, which was owned by the Defendant.

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 association;

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