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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Defendant is a reconstruction project association established to promote a reconstruction project of multi-family housing on the ground of 20,568.1 square meters of land in Mapo-gu Seoul Metropolitan Government, and was granted authorization from the head of Mapo-gu Seoul Metropolitan Government on November 2, 201, the authorization to implement the project on August 17, 201, the authorization to implement the project on June 16, 201, and the authorization to implement the management and disposal plan on June 16, 2014. The Plaintiff is the Defendant’s member holding subparagraph 102 of the Seoul Mapo-gu
B. Meanwhile, Article 44 of the Defendant’s articles of incorporation provides for cash clearing as follows.
(4) The Mutual Association shall liquidate the buildings and other rights in cash within 150 days from the date specified in any of the following subparagraphs, if a member falls under any of the following subparagraphs:
The amount shall be calculated by calculating the arithmetic mean of the values appraised by at least two appraisal business entities recommended by the head of a Si/Gun.
Provided, That where a person subject to cash settlement fails to use or benefit from a building or other rights before the settlement is completed within the period of cash settlement, interest shall be paid at the interest rate determined by the general meeting.
(Provided, That interest shall not be paid to a person who fails to apply for parcelling-out, or a person who has withdrawn an application for parcelling-out before the expiration of the period for application for parcelling-out: The day following the end of the period for application for parcelling-out under Article 46 (1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the
2. A person excluded from sale in accordance with the management and disposal plan authorized under Article 48 of the Act: The following day after the date the management and disposal plan is authorized.