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(영문) 서울고등법원 2015.01.09 2014누52185
분담금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. This part of the judgment of the court of first instance is the same as the entry of Chapters 7 through 4, 13 among the reasons for the judgment of the court of first instance, and thus, it is accepted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure

2. The defendant, which caused the plaintiff's claim, is a person subject to cash settlement and is in the position of the union members by the end of the period for application for parcelling-out, and therefore is obligated to bear the contribution for

Therefore, the defendant is obligated to pay to the plaintiff the share of KRW 19,234,00 for the project cost incurred by the end of the period for application for parcelling-out to the plaintiff [project cost = project cost = KRW 5,918,511,643 】498,443,00 for project cost 】 153,370,90,960 for project cost incurred by the end of the period for application for parcelling-out to the plaintiff (the assessed value of the previous assets of the defendant) and delay damages for

3. Determination

A. Article 19(1) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 12116, Dec. 24, 2013; hereinafter “former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”) provides that “A member of a rearrangement project (excluding a rearrangement project implemented by the head of a Si/Gun or the Housing Corporation, etc.) shall be the owner of a plot of land, etc. (in cases of a housing reconstruction association and a street housing rearrangement project, limited to a person who has consented to a housing reconstruction project and a street housing rearrangement project, respectively), but, in any of

In addition, Article 60(1) provides that "The rearrangement project cost shall be borne by the project implementer, except as otherwise provided for in this Act or other Acts and subordinate statutes," and Article 61(1) provides that "the project implementer may impose and collect the difference between the cost under Article 60(1) and the income accrued in the course of implementing the rearrangement project from the owners of land, etc., as the dues under Article 61(3)."

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