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(영문) 서울행정법원 2015.09.17 2014구합51364
청산금지급
Text

1. The Defendant (Counterclaim Plaintiff) shall:

A. The Plaintiff (Counterclaim Defendant) KRW 1,097,078,800 and its corresponding amount from October 21, 2014.

Reasons

1. Facts of recognition;

A. On June 4, 2010, the Defendant removed the previous old-age building located on the ground of Mapo-gu Seoul Metropolitan Government J 47,501㎡ (hereinafter “instant rearrangement zone”) and newly built multi-family housing, etc. (hereinafter “instant project”), and obtained authorization for the establishment on June 7, 2010 from the head of Mapo-gu Seoul Metropolitan Government (hereinafter “head of Mapo-gu”) and completed the registration of establishment on June 7, 2010. The Plaintiffs are the owners of each relevant real estate (hereinafter “each of the instant real estate”).

B. The Defendant received the application for parcelling-out (hereinafter “instant application for parcelling-out”) from the members from May 31, 2013 to July 15, 2013 after obtaining the authorization for the instant project implementation from the head of Mapo-gu on March 27, 2013, and the Plaintiffs did not apply for parcelling-out within the said period.

Article 10 (Rights and Duties of Members) (1) Members shall have the following rights and duties:

5. Obligations to pay expenses, such as rearrangement project costs, liquidation money, surcharges, late fees, late fees, and losses incurred therefrom (including late payment of interest, delayed contract, delay caused by a dispute between the association members, etc.);

6. Obligation to remove and move by the business action plan;

7. Other relevant Acts and subordinate statutes, this articles of association, general meetings, etc. (1) An association may impose and collect expenses incurred in implementing a housing project, such as construction expenses (hereinafter referred to as "maintenance project expenses"), from its members to cover expenses incurred in implementing the project.

(2) The rearrangement project cost under paragraph (1) may be imposed after a resolution of the general meeting, and shall be fairly adjusted according to the management and disposal plan, comprehensively taking into account all the conditions, such as the location, area, utilization status and environment of the land and buildings, etc. in the project implementation

(3) The Cooperative.

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