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(영문) 서울행정법원 2014.04.25 2014구합3273
분담금
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 Plaintiff is, on December 24, 2009, the Housing Redevelopment Improvement Project Association established with the authorization of establishment from the head of Seodaemun-gu Seoul Metropolitan Government on December 24, 2009 to implement the Housing Redevelopment Project (hereinafter “instant project”) on the 175 square meters and 52,867 square meters in Seodaemun-gu Seoul Metropolitan Government, Seodaemun-gu. The Plaintiff was authorized to implement the project by the head of Seodaemun-gu Seoul Metropolitan Government on November 1, 2012.

B. The Defendant was an association member of the Plaintiff as the owner of the land, etc. within the instant project zone, but became an object of cash settlement because it did not file an application for parcelling-out within the period for application for parcelling-out (from January 4, 2013 to March 4, 2013, from March 15, 2013 to March 24, 2013).

C. The Plaintiff’s articles of incorporation provide for the burden of rearrangement project costs as follows.

Article 7 (Methods of Notifying and Announcing Matters concerning Rights and Duties) (1) A cooperative shall faithfully notify and publicly announce matters concerning the rights and duties of its members (including changes; hereinafter the same shall apply) to its members and interested parties.

Article 9 (Qualification, etc. for Cooperative Members) (1) Members shall be the owners of land or buildings within the project implementation district or persons with superficies thereof (hereinafter referred to as "owners of land, etc.").

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

1. Right to request the sale of buildings in lots;

2. The right to attend and speak at the general meeting and voting rights;

3. Right to appoint officers and right to elect officers;

4. Representative's right to elect representatives and right to elect representatives;

5. Claim for compensation for losses;

6. Obligations to pay expenses, such as rearrangement project expenses, liquidation expenses, surcharges, late fees, late fees and losses incurred therefrom (including late payment of interest, delay of a contract, delay caused by a dispute between a member and others);

7. Obligation to remove and move by the business action plan;

8. Other relevant Acts and subordinate statutes, this articles of association, the status of being selected as an occupant, etc.

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