(영문) 서울고등법원 2016.11.10 2016나2018201

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(영문) 서울고등법원 2016.11.10 2016나2018201

손해배상(기)

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. 1) The original residents in the housing site development project zone that is granted a right to be supplied with the cost of living in relation to the housing site development project in Gyeonggi-do in relation to the housing site development project in the form of a non-corporate association (hereinafter “instant association”) around June 26, 2009

(1) The articles of incorporation (hereinafter “instant articles of incorporation”) shall be established and the following:

The purpose of Chapter 1 of the General Provisions is to promote the common interest of members by acquiring a residential site or commercial site supplied to a person subject to supply of a residential countermeasure site as part of the living measures related to the housing site development of a new city implemented by the Gyeonggi-do, Suwon-si, and Gyeonggi-do Construction, and by settling the profit and loss of the project on the land such as the construction of a commercial site.

1. Charges paid by partners for the purchase of land from the construction works;

2. Charges imposed on members, such as construction expenses;

3. The Cooperative may impose and collect expenses necessary for implementing the project from the members, in addition to the provisions of paragraph (1).

(5) Cooperative members' charges falling under each subparagraph of paragraph (1) and money collectible under paragraph (3) shall be borne or collected from cooperative members, but for the smooth implementation of the project, the cooperative shall select a joint executor and a contractor (hereinafter referred to as "joint executor") and appropriate funds for the loan, and shall implement the project in such a way as to cover part of the commercial building constructed by borrowing the funds.

(6) A cooperative shall enter into a joint execution contract with a joint project operator selected under paragraph (1) and specify the details thereof as the terms and conditions of government administration of the cooperative, and make them known to the general meeting.

(7) The joint executor selected under paragraph (1) shall appropriate the project implementation fund.

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