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(영문) 전주지방법원 2020.01.22 2018가합3778

주민총회결의무효확인

Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. Defendant B Apartment Housing Reconstruction Project Promotion Committee (hereinafter “Promotion Committee”) is the Housing Reconstruction Project Promotion Committee established with the approval of the former main market on September 21, 2017 for the purpose of authorization for the establishment of the Housing Reconstruction Project Association by having the total area of 18,667 square meters of the Yansan-gu B apartment complex as the project implementation district (hereinafter “instant project district”).

B. Defendant B Apartment Housing Reconstruction Project Emergency Countermeasure Committee (hereinafter “Emergency Countermeasure Committee”) is an emergency countermeasure committee established by some owners of land, etc., including C, on the ground that the promotion committee consisting of the Plaintiff (the appointed party; hereinafter “Plaintiff”) and the designated parties indicated in the attached list of the designated parties (hereinafter “Plaintiff, etc.”) who were the promotion members of the Defendant Promotion Committee (hereinafter “Plaintiff, etc.”) carries out unfair tasks, such as reconstruction completion, excessive charges, non-disclosure of materials, etc.

C. On July 29, 2018, the Defendant Promotion Committee held a general meeting of residents and passed a resolution to dismiss 20 members (20 members, including the Plaintiff, etc., from among 34 members of the Promotion Committee, including the Plaintiff, etc.).

(hereinafter “instant resolution of dismissal”) D.

On December 14, 2018, C, the current representative of the Defendant Promotion Committee, received a dissolution report from the former Mayor along with a written consent of 166 owners of the land, etc. in the instant project zone, and the former Mayor, after examining whether the aforementioned consenters acquire ownership, recognized that the majority of the owners of the land, etc. consent to dissolution among the total 287 owners of the land, etc., and accepted the said dissolution report on January 15, 2019 after undergoing the hearing procedure.

(hereinafter referred to as “disposition accepting a report of dissolution”). (c)

On the other hand, the defendant promotion committee filed a lawsuit against the former mayor seeking the revocation of the revocation of the above dissolution report, but lost in the first instance court (the Jeonju District Court 2019Guhap313), and the defendant promotion committee lost it.