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(영문) 서울중앙지방법원 2020.02.10 2018가단5093539
추가분담금 청구의 소
Text

1. The Defendants are entitled to the Plaintiff’s additional contributions as stated in the separate sheet from January 6, 2015.

Reasons

1. Basic facts

A. The Plaintiff is an association established on November 30, 1997 with the purpose of implementing a reconstruction project for 31 units of apartment buildings and 3 units of commercial buildings within the AL apartment AmM complex in Dongdaemun-gu Seoul Metropolitan Government (hereinafter “instant project site”) and with the authorization of the housing association on May 26, 1999, with the aim of implementing a reconstruction project for 31 units of apartment buildings and 3 units of commercial buildings (hereinafter “instant reconstruction project”).

The defendants are the plaintiff's members or the successors of the plaintiff's members, and the defendants' shares in the partnership are as shown in the attached Form.

B. On October 13, 200, the Plaintiff removed the apartment and commercial building of the project site of this case after obtaining approval of the project plan of this case, and newly built the NN apartment and obtained approval of the completion on February 28, 2005, and publicly announced on June 28, 2007.

However, there is a problem that the Plaintiff could not transfer the ownership of the commercial building site among the business site in this case from some of the members who were sectional owners, so the Plaintiff filed a lawsuit claiming the transfer of ownership of the commercial building site and the lawsuit claiming the payment of settlement money against some of the sectional owners from 2008 to 2014.

C. On September 17, 2014, the Plaintiff deliberated on the cases of collection of additional charges at the 7th council of delegates opened on September 17, 2014 and the 8th council of delegates opened on October 7, 2014, and resolved to submit them to the special meeting of its members as an agenda item with the consent of 9 persons among the 14 representatives.

On November 20, 2014, the Plaintiff held an extraordinary general meeting of its members (hereinafter “instant general meeting”) and proposed “the collection of additional charges (including written resolution),” as an agenda item 3, on the ground that the Plaintiff is expected to incur expenditure exceeding the cash held by the association, such as the purchase amount of the current land and interest, litigation costs, general meeting costs, service costs, etc.,” and proposed “the collection of the additional charges (including written resolution)” as the agenda item 3. The number of 916 members present among the 1,40 members (including written resolution) and 769 members at the time of the transfer announcement.

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