환지계획안 의결 등 무효확인
1. All appeals filed by the plaintiff 1, the plaintiff 2, C, D and the defendant are dismissed.
2. Plaintiff B, C, and C, of the Republic of Korea Buddhist Republic of Korea.
1. Basic facts
A. The Defendant is a project implementer of the Gu-U.S. F.F. (hereinafter “instant project”) that is proceeding with the land substitution method from the Gu-U.S. G Gwon, and the Plaintiffs are the land owners located in the said project site and are the Defendant’s association members.
B. On January 24, 2006, the Defendant Cooperative Establishment Promotion Committee entered into an urban development project agreement with the target comprehensive development company (hereinafter “subject comprehensive development company”) with the content that the target comprehensive development company subsidized expenses for the project from the target comprehensive development, delegated the approval, permission, and implementation of the target comprehensive development project, and transferred the land allotted by the authorities in recompense for development outlay (hereinafter “instant urban development project agreement”).
C. On March 26, 2006, the Defendant Association Establishment Promotion Committee held an inaugural general meeting, and deliberated on the articles of association of the association, and passed a resolution to select H as the president of the association. Three directors (R, S, TR), three auditors (R, T), representatives and 30 members (the said nine directors and nine directors, W, X, X, Y, Z, AAB, AC, AD, AE, AE, AF, AF, AH, AH, AH, AJ, AJ, NA, NA, NO, and hereinafter referred to as “previous representatives and land evaluators”), respectively, passed a resolution to appoint 30 representatives and land evaluators who are not directors. A resolution was adopted with respect to the instant urban development project agreement.
Article 13 (Officers and Organizations) (1) The Association shall have officers as follows:
1. The president of a cooperative: One person;
2. Directors: Not more than nine persons;
3. Auditor: Three persons. (2) The executive officers shall be appointed at a general meeting from among members.
(4) Representatives and members of the Land Appraisal Council: 30 persons (the term of office of executive officers) under Article 15 (the term of office of executive officers) (1) shall not exceed three years.
Provided, That the term of office of a beamed or re-paid officer shall be the remaining term of his predecessor.
Article 17 (Prohibition against Holding Concurrent Offices) (2) Directors and auditors may hold concurrent office as representatives.
Article 19 (Matters to be Resolved by General Meeting) The following matters under Article 35 of the Enforcement Decree of the Urban Development Act shall undergo a resolution at general meeting: