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(영문) 서울행정법원 2014.05.22 2014구합1048
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. 1) The Plaintiff is entitled to a housing redevelopment improvement project (hereinafter “instant project”) at the size of 52,867 square meters in Seodaemun-gu Seoul, Seodaemun-gu, Seoul.

(2) On December 24, 2009, the head of Seodaemun-gu Seoul Special Metropolitan City Housing Redevelopment and Improvement Project Association established with the authorization of establishment from the head of Seodaemun-gu, and on November 1, 2012, the head of Seodaemun-gu, the Defendant was authorized to implement the project. 2) The Defendant was the owner of the land, etc. in the instant project zone, who was an association member of the Plaintiff, but did not apply for the application for parcelling-out within the period of application for parcelling-out (from January 4, 2013 to March 4, 2013; from March 15, 2013 to March 24, 2013).

(2) The Plaintiff’s articles of association (referring to a method of notifying and announcing matters concerning rights and obligations) (1) The Mutual Association shall faithfully notify and publicly announce matters concerning the rights and obligations of its members (including changes; hereinafter the same shall apply) to its members and interested parties;

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, speak and vote at a general meeting;

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 related Acts and subordinate statutes, this articles of association, a general meeting, etc. (Disqualification as a partner) (1) Where a member transfers the ownership of a building, the status of being selected as an occupant, etc., he/she shall immediately lose his/her membership.

(2) An applicant for parcelling-out under Article 44 (1) shall lose his/her qualification as an association member.

Article 34 (Imposition and Collection of Rearrangement Project Costs) (1) The association shall undertake housing projects, such as construction costs, to its members to appropriate for expenses incurred in implementing the project.

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