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(영문) 서울행정법원 2014.12.04 2013구합16432
청산금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant, as a housing redevelopment and consolidation project association established for the purpose of removing the old and poor buildings in Seongbuk-gu Seoul Metropolitan Government, and newly constructing apartment buildings and ancillary and welfare facilities on the ground (B housing redevelopment and rearrangement project; hereinafter “instant project”), obtained authorization for the establishment of the association on July 27, 2007 from the head of Seongbuk-gu Seoul Metropolitan Government, the authorization for the implementation of the project on February 10, 2012, and the authorization for the alteration of the management and disposal plan on September 6, 2012, respectively.

B. D owned three single-story houses in Seongbuk-gu Seoul E land (hereinafter “instant land”) and attached Table 1 real estate list (hereinafter “instant building”). However, the Plaintiff purchased 37.87/121.82 shares of the instant building from D on December 22, 198, and completed the registration of transfer of shares on January 24, 1989.

C. The Plaintiff, as a member of the Defendant’s association, filed an application for parcelling-out with the Defendant during the period from April 28, 2008 to June 19, 2008. The Defendant, in accordance with a management and disposal change plan authorized as of September 6, 2012, issued to the Plaintiff on September 27, 2012 a detailed statement of payment of contributions and a written guidance on loan application as of October 17, 2012. On October 18, 2012, the Plaintiff notified the Plaintiff of the date of concluding an additional contract for parcelling-out from October 18, 2012 to October 25, 2012, the Plaintiff did not enter into a contract with the Plaintiff as a demand for settlement in cash as to the cooperative members who did not enter into the contract until the date of the additional contract for parcelling-out as of October 18, 2012.

Article 45 (4) and (5) of the articles of association of the defendant shall enter into a sales contract within 60 days after the approval of the management and disposal plan, and if the sales contract is not entered into, the association shall enter into the sales contract.

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