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(영문) 대구고등법원 2019.05.02 2018나22405

조합원총회결의무효확인등 청구의 소

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1. Revocation of a judgment of the first instance;

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. Basic facts

A. 1) Defendant B Apartment Housing Reconstruction Project Association (hereinafter “Defendant Association”) is the party, etc.

(B) In the case of the Republic of Korea (hereinafter “instant rearrangement zone”), the Republic of Korea is the North-gu E/F 54,998 square meters (hereinafter “instant rearrangement zone”).

(2) The re-building project (hereinafter referred to as the "re-building project of this case")

The Plaintiff and the Intervenor’s Intervenor are members of the Defendant Union. (2) The Defendant C Co., Ltd. and the Defendant D Co., Ltd. (hereinafter collectively referred to as the “Defendant Construction Company”) were selected as the contractor of the instant reconstruction project, and concluded a construction contract with the Defendant Union for the instant reconstruction project.

B. The progress of the instant reconstruction project is arranged from the requisition for the first re-building consent to the outline of the progress of the instant reconstruction project to the extraordinary general meeting of July 21, 2018, which was conducted after the filing of the instant lawsuit, in the order of time (attached Form 2).

C. On January 20, 1998, the defendant union held a residents' general meeting (the general meeting for the establishment) and the establishment registration 1 of the association of 521 of all the 638 members of the defendant union on January 20, 1998, and 521 of the 638 members of the association, passed a resolution on the rules of the association (Evidence 13) and elected the president of the association, and passed a resolution on reconstruction. In addition, the business plan includes the contents that provide free-of-charge punishment to the members of the association and the contents that the construction company bears the burden of the construction company, and the decision on the dispute related to the fact-finding and its decision on it are considered to be detailed in the business plan of 4.C. (B apartment reconstruction).

1. North-Gu E, F in the location of the business;

2. A business title B apartment reconstruction project;

3. The size of the business is 23,665.5 square meters, the size of the building site in F E-M located in the Gu, and 31,33.3 square meters 54,998.8 square meters 73,700 square meters 154,00 square meters 154,00 square meters 23,00 square meters 23,665 square meters.