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(영문) 서울행정법원 2016.09.09 2015구합74807
사업비 분담금
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. The Plaintiff is a cooperative established on June 24, 2013 for the purpose of implementing a housing reconstruction project (hereinafter “instant project”) with the project implementation district of Gangnam-gu Seoul, Seoul, and Japan as the project implementation district of 96,964.80 square meters.

B. The Plaintiff’s first articles of association stipulated the following matters regarding the apportionment of expenses for the rearrangement project of partners under Article 10(1)5, but the Plaintiff’s members adopted a resolution on the amendment of the articles of association, such as adding the contents concerning the apportionment of expenses for the rearrangement project of a person subject to cash settlement to Article 11(6) of the articles of association (hereinafter “instant articles of association”) from an extraordinary general meeting held on November 25, 2013 at an extraordinary general meeting held on the same date

(1), Article 10 (Rights and Duties of Members) (1) Members shall have the following rights and duties:

5. Maintenance project costs, liquidation money, dues, late payment charges, late payment charges therefor (including delay of moving-in, delay of contract, delay of dispute of association members), obligation to pay expenses, etc. (including delay of association members). (5) A person who fails to apply for parcelling-out within the period for application for parcelling-out under Article 4 (1) or a person who has withdrawn the application for parcelling-out before the expiration of the period for application for parcelling-out, a person who fails to conclude a contract within the period for parcelling-out under Article 44 (5) shall lose its membership qualifications from the date following the expiration of the period for parcelling-out, and

(6) A person subject to the settlement of cash pursuant to the provisions of paragraph (5) shall settle the charges, such as the cost of maintenance business, relocation expenses, interest, and interest on the moving expenses incurred at the time of the settlement of cash.

C. The Plaintiff was authorized to implement the project on May 21, 2014 by the head of Gangnam-gu Seoul Metropolitan Government.

The Defendants stated the details of the share of the cash clearing agent in attached Form 1 within the instant business zone in the “1st.”

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