logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2017.03.17 2016구합65039
현금청산금 청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The Defendant obtained authorization for the establishment of a housing reconstruction improvement project (hereinafter “instant improvement project”) on March 30, 2010 from the head of Eunpyeong-gu Seoul Metropolitan Government (hereinafter “the head of Eunpyeong-gu”) to implement the housing reconstruction improvement project (hereinafter “instant improvement project”), and is a maintenance and improvement project association established on April 8, 2010, and the Plaintiffs are owners of land, etc. in the instant improvement zone.

B. On November 6, 2011, the Defendant obtained the approval of the project implementation plan from the head of Eunpyeong-gu.

C. The Defendant received the application for parcelling-out from the members from December 5, 2011 to February 7, 2012.

On September 6, 2013, the defendant decided to revise the project implementation plan at the special general meeting on September 6, 2013, and on November 28, 2013, the change of the project implementation plan was approved by the head of Eunpyeong-gu.

E. Meanwhile, at the above special meeting, the Defendant passed a resolution on the amendment of the Defendant’s Articles of Incorporation (hereinafter “Articles of Incorporation”). The grounds for the proposal and the provisions of the Articles of Incorporation before and after the amendment are as follows.

At the same time as the improvement project in this case is smoothly promoted, the obligation to pay the principal and interest accrued from the relocation expenses pursuant to Articles 11 (2) and 10 (1) 5 of the articles of association for the fair sharing of the expenses between the parcelling-out partner and the person subject to settlement of cash (including the financial expenses incurred until the completion of cash settlement for the rearrangement project expenses), and the obligation to pay the expenses such as the maintenance project expenses, liquidation money, dues, late payment charges, late payment charges and losses incurred therefrom (including the delayed payment, delayed payment of contract, delayed payment due to the dispute between the union members) shall be imposed (including the financial expenses incurred until the completion of cash settlement for the rearrangement project expenses), and the expenses to be borne shall be the expenses incurred from the association's debt incurred due to the project expenses executed until the time when the member's status is lost, the contract, authorization and permission conditions

arrow