logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2016.05.13 2015구합66363
기타(기타 도시정비)
Text

1. The Plaintiff, Defendant B’s KRW 1,69,085 as well as the annual rate of KRW 5% from January 27, 2015 to May 13, 2016.

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment and rearrangement project association whose project implementation area covers the F 58,350 square meters in Seongdong-gu Seoul Metropolitan Government as the project implementation district (hereinafter “instant project zone”), and obtained authorization for the implementation of the project from the head of Seongdong-gu Seoul Metropolitan Government on June 19, 2008, and authorization for the change of the project implementation on February 22, 201, respectively, and obtained the authorization for the implementation of the project on March 11, 201.

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

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

6. Maintenance project costs, liquidation money, dues, late payment charges, late payment charges therefor (including late payment of interest, delay of contract, delay of dispute between the association members, etc.) and obligation to pay expenses for maintenance project costs, liquidation money, late payment charges, late payment charges, etc.

Article 21 (Matters to be Resolved by General Meeting) The following matters shall be determined through a resolution of the General Meeting:

1. Amendment of the articles of association;

3. The amount and collection method of dues under the provisions of Article 61 of the Act;

9. Details of allocation for each member of the rearrangement project;

C. In an extraordinary general meeting held on November 16, 2012, the Plaintiff’s union members resolved on the agenda that “for the fair sharing of expenses between the parcelling-out partner and the person subject to cash clearing, the Plaintiff’s union members shall impose the liability to pay expenses, such as the maintenance project expenses, liquidation money, dues, late payment charges, late payment charges, and losses incurred (including delay of the principal, delay of the contract, delay of the dispute between the union members, etc.) from the person subject to cash clearing to the person subject to cash clearing pursuant to Articles 11(2) and 10(1)6 of the union’s articles of association

(hereinafter referred to as “instant resolution at the general meeting”). D.

The Defendants were the owners of land, etc. within the instant project zone, but did not conclude a sales contract between January 31, 2013 and February 5, 2013, which was the period for concluding the sales contract.

arrow