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(영문) 서울행정법원 2014.11.21 2014구합51197
사업비분담금 등
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. (1) The Plaintiff is the Housing Redevelopment and Improvement Project Association established with the approval of establishment from the head of Seodaemun-gu Seoul Metropolitan Government on June 27, 2008 in order to implement housing redevelopment and improvement projects (hereinafter “instant project”) on the H 106,661.8 square meters in Seodaemun-gu Seoul Metropolitan Government H.

(2) The Defendants were the Plaintiff’s members of the land or building located within the instant project zone, but did not apply for parcelling-out within the period of application for parcelling-out (from June 8, 2009 to August 6, 2009) or was subject to cash settlement by withdrawing the application for parcelling-out.

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

Article 7 (Methods of Notifying and Announcing Matters concerning Rights and Duties) (1) A cooperative shall faithfully notify and publicly announce matters concerning the rights and duties of its members (including changes; hereinafter the same shall apply) to its members and interested parties.

Article 9 (Qualification, etc. for Cooperative Members) (1) Members shall be the owners of land or buildings within the project implementation district or persons with superficies thereof (hereinafter referred to as "owners of land, etc.").

(3) Where one household or the same person owns the ownership or superficies of at least two land or buildings, it shall be considered as one member without relation to the number thereof.

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 and speak at the general meeting and voting rights;

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, general meetings, etc... (1) Members are required to observe the matters to be resolved.

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