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(영문) 서울고등법원 2016.07.07 2016누33140
기타(일반행정)
Text

1. The action against the plaintiff's primary claim added in the trial shall be dismissed;

2. The plaintiff's conjunctive claim

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and rearrangement project association established for the purpose of implementing a housing redevelopment project (hereinafter “instant project”) by making the Seongbuk-gu Seoul Metropolitan Government 31,252.90 square meters of land as a project implementation district.

B. On July 10, 2014, the Plaintiff notified the Defendant, a partner, of the following: “Notice of Disposition of the Final Settlement Money for Cooperative Members of the Housing Redevelopment Improvement Project in Zone A”; “In the ordinary meeting of the Association in 2014, the Plaintiff settled the partnership project expenses at the ordinary meeting of the Association in July 3, 2014; and upon completion of the public notice of transfer on July 3, 2014, the Plaintiff intended to dispose of liquidation money pursuant to Article 59 of the articles of association of the Association; “The Plaintiff would pay KRW 79,00,000 remaining after subtracting KRW 383,738,000 already paid by the Defendant from KRW 383,738,00,000 which was paid by August 10, 2014.” However, the Defendant did not pay the said money until August 10, 2014.

C. Article 34(1) of the Plaintiff’s articles of association provides that “A cooperative may impose and collect expenses for housing projects, such as construction expenses, (hereinafter “maintenance project cost”) from its members to appropriate funds for the implementation of the project,” and Article 34(3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents may entrust the head of Si/Gun with the collection of rearrangement project expenses for its members who failed to pay the rearrangement project cost

In addition, Article 59(1) of the Plaintiff’s Articles of association provides that “If there is a difference between the price of the land or building previously owned by the purchaser of the site or building and the price of the site or building, the association shall collect the difference from the purchaser or pay it to the purchaser after the date of the transfer announcement (hereinafter “settlement money”).” Article 60(1) of the Plaintiff’s Articles of association provides that “if there is any partner who has not paid the settlement money, the association shall notify at least twice the request for the payment of the settlement money and within one month from the last date.

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