(영문) 서울중앙지방법원 2020.01.23 2018가합591950

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(영문) 서울중앙지방법원 2020.01.23 2018가합591950

미지급급여 및 대여금

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1. The Defendant’s KRW 97,302,054 as well as the Plaintiff’s annual rate of 5% from December 4, 2018 to January 23, 2020, and the following.

Reasons

Basic Facts

The status of the parties and the owner of the land with the size of 32,234 square meters in Yeongdeungpo-gu Seoul Metropolitan Government, which succeeded to the Defendant’s expenses, constituted the Housing Reconstruction and Improvement Project Association Establishment Promotion Committee (hereinafter referred to as the “Promotion Committee”), and the Plaintiff served as the chairperson of the Promotion Committee from February 2004 to November 2017.

On August 30, 2017, the head of Yeongdeungpo-gu requested the Promotion Committee to designate the designated developer (trustr) as the project implementer pursuant to Article 8 (1) 1 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, and to select the project implementer and notify the results thereof.

1. A project operator shall succeed to the existing duties and expenses of the promotion committee and pay the project expenses immediately after the designation of the project operator;

1) On September 12, 2017, in order to be selected as a project implementer, the defendant succeeded to all the execution affairs of the promotion committee prior to the designation of a cooperative company of the promotion committee (E), the selection of a cooperative company of the promotion committee (FB) and a management company of the improvement project (3) and other designation of a designated developer. The promotion committee held a residents' general meeting on September 27, 2017 and designated the defendant as the project implementer. The head of Yeongdeungpo-gu announced that the defendant shall be designated as the project implementer on January 18, 2018. Article 15 of the relevant regulations (the appointment and replacement of the members and the replacement of the promotion committee within the following scope, and the appointment of full-time members shall undergo a resolution of the promotion committee where full-time members are appointed:

1. One chairperson;

2. Not more than two vice-chairpersons (if necessary);

3. An auditor: At least one but not exceeding three persons.

4. Promoters: At least 1/10 of the owners of land, etc., but not exceeding 70 persons.

Article 17 (Duties, etc. of Members) (1) The Chairperson shall be the Promotion Committee.

참조조문

-도시 및 주거환경정비법 제8조 제1항 제1호

유사 판례

-서울중앙지방법원 2020.01.23 2018가합591950

-대전지방법원 2018.02.08 2015가단22899

-울산지방법원 2015.01.08 2014구합5105

-부산지방법원 2017.01.19 2015가합42776

-서울고등법원 2009. 7. 9. 선고 2008나105739 판결