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(영문) 인천지방법원 2017.10.13 2015구합50942
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 district land readjustment project (hereinafter referred to as the "project in this case") – Determination and public notification of the urban planning project zone on July 3, 1998: Incheon Metropolitan City public notification C- Incheon Metropolitan City’s establishment and project implementation authorization on July 13, 2002: public notification D- Incheon Metropolitan City public notification D- authorization of land substitution plan on December 27, 2004: public notification 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 notification of the Incheon Metropolitan City public notification - project implementation (revision) and authorization of land substitution plan (change) on October 4, 201: public notification of land substitution disposition on October 24, 201 (hereinafter referred to as the "land substitution disposition

B. The plaintiff in the status of the party shall be governed by the former Land Readjustment Project Act (amended by Act No. 6252, Jan. 28, 2000; hereinafter the same applies).

A land readjustment project has been implemented in Jung-gu Incheon Metropolitan City H members upon authorization for project implementation as described in the paragraph. The Defendant, as a member of the Plaintiff, was replaced by the instant land substitution disposition, which was conducted with respect to the “Yecheon-gu I large 230 square meters” owned by the Defendant.

Article 3 (Definitions) The definitions of terms used in the articles of incorporation shall be 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

7. The term "settlement money collected" means that the amount of increased area is collected from landowners if the land area for which replotting is determined is larger than the land area for rights (the area for previous land area - the decreased area);

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, interest rate on the loan, 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; and

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