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(영문) 서울서부지방법원 2018.05.18 2017가단6934
정산금
Text

All of the claims of the Plaintiff (Appointed Party) are dismissed.

The costs of lawsuit are assessed against the plaintiff (appointed parties) and the appointed parties.

Reasons

1. Basic facts

A. On July 12, 2010, the Defendant is a housing redevelopment and rearrangement project partnership with the authorization of establishment from the head of Mapo-gu Office to implement a housing redevelopment project in Mapo-gu Seoul Mapo-gu. The Plaintiffs and the designated parties owned land or buildings within the above rearrangement zone and were sold in lots by the Defendant, who became the Defendant’s partner, respectively.

B. In relation to the relocation measures, Article 35(2) of the original articles of association of the Defendant stated that “a partnership may arrange members who wish to provide relocation expenses by concluding an agreement with a financial institution or signing an agreement with a contractor. In such cases, the members who received the relocation expenses shall provide the land and buildings owned in the project implementation district as security.”

C. The Defendant concluded an agreement with a financial institution pursuant to the above articles of incorporation and arranged loans for moving expenses, and provided interest on the loans for moving expenses free of charge according to the agreement with the contractor.

However, as a matter of equity arises with members who do not take the moving expenses, the articles of incorporation was amended at the ordinary meeting held on December 28, 2013 after discussions, and the proviso of Article 35(2) of the above Act was added to the effect that "if the moving expenses are not received, it shall be settled at the time of moving on the loan interest amount."

From February 28, 2017, apartment buildings purchased by the Plaintiffs and the designated parties began to be occupied, and the Defendant subdivided “cases of settlement of interest without receipt, such as relocation expenses,” into the general meeting agenda as follows at the general meeting held on March 3, 2017, and presented it as the general meeting agenda, and among them, the interest calculated at 3% per annum on the relocation expenses of “3-1 substitute land owners” was resolved and all of the remaining items were rejected.

The agenda number shall be included.

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