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(영문) 서울행정법원 2018.05.03 2016구합56288
사업비부담금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On August 30, 2007, the Plaintiff obtained authorization for the establishment of a housing redevelopment project (hereinafter “instant project”) from the head of Seongdong-gu Seoul Metropolitan Government (hereinafter “head of Seongdong-gu”) on August 30, 2007 for the purpose of implementing the housing redevelopment project (hereinafter “instant project”), and the Plaintiff was granted authorization for the implementation of the instant project on March 18, 2008 from the head of Seongdong-gu, Seoul Metropolitan Government (hereinafter “head of Seongdong-gu”), respectively, the authorization for the implementation of the instant project on October 14, 201, and completed the relocation and removal on June 2013.

B. However, when the business feasibility has deteriorated due to the low application for parcelling-out of a serious square type and the unstable housing competition, the Plaintiff changed a business implementation plan to increase the small-scale number of households of a newly constructed building on June 5, 2014, and obtained approval for the implementation of the project from the head of Seongdong-gu on June 5, 2014, and applied for parcelling-out again from July 1, 2014 to August 14, 2014, and received approval for the alteration of the management and disposition plan from the head of Seongdong-gu on April 30, 2015.

C. The Defendants are owners of land or buildings incorporated into the instant business zone and were in the Plaintiff’s membership. The Defendants did not enter into a sales contract within the period for entering into the sales contract for cooperative members from May 13, 2015 to May 15, 2015 after the amendment of the above management and disposal plan was made, and thus, they lose their membership status on May 16, 2015 and become subject to cash settlement pursuant to Article 44(4) and (5) of the Plaintiff’s articles of incorporation.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. According to the Plaintiff’s articles of incorporation, the person subject to cash settlement is obligated to bear the amount to be borne by members of the association out of the business expenses of the association incurred before he/she loses his/her status as a partner

Therefore, the Defendants, who are subject to cash settlement, are up to May 15, 2015, before they lose their membership in the Plaintiff.

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