Seoul Gangnam-gu

Seoul Gangnam-gu

Representative Kim ○○

Law Firm Governing Do, Counsel for defendant-appellant

Attorney Lee Gyeong-hoon

A resolution selected as a company shall confirm that it is null and void.

2. All remaining claims of the Plaintiff are dismissed.

3. Of the costs of lawsuit, 2/3 shall be borne by the Plaintiff, and the remainder by the Defendant, respectively.

Resolution, Resolution under paragraph (1) of this Article, Budget (not known) of the Promotion Committee, and Personnel and Remuneration Regulations (not known)

Any resolution on invalidity shall be confirmed respectively.

The following facts do not conflict between the parties, or each of Gap evidence 1, Eul evidence 1, 4, 5, and 6

In full view of the purport of the entire pleadings, the records can be recognized.

A. The Defendant: (a) the house consisting of a project implementation district consisting of a single unit of land located in Gangnam-gu Seoul Metropolitan Government ○○○-dong - ○○○.

On July 12, 2006, the redevelopment improvement project (hereinafter referred to as the redevelopment project of this case) shall be prepared for the purpose of preparing for redevelopment projects.

The head of Gangnam-gu Seoul Metropolitan Government pursuant to the provisions of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban

The plaintiff is a promotion committee for the establishment of the Housing Redevelopment Project Association under the Urban Improvement Act approved by the Corporation.

The owner of the land in the project implementation district is the owner of the land.

B. The defendant holds a general meeting of residents on August 22, 2006 (hereinafter referred to as the "general meeting of residents of this case") and cooperates.

Resolution on the agenda of the contract termination with respect to the selection of a body (hereinafter referred to as Resolution 1 of this case), and this case

Resolution 202 Resolution 203

(1) The resolution on the agenda item of the approval of the committee’s budget (not known) and personnel and remuneration regulations (not known) (hereinafter referred to as the “resolution”).

The third resolution of this case was adopted.

C. Article 22(1) of the Defendant’s operational regulations provides that the residents’ general meeting is approved by the composition of the promotion committee.

A majority of the owners of land, etc. shall constitute a quorum, and a majority vote shall be present.

section 2 provides that the owner of the land, etc. shall have voting rights in writing or by proxy.

In this case, the exercise of voting rights in writing shall be regarded as attendance.

2. Whether the proceedings and the quorum are satisfied;

The plaintiff received a written resolution from the defendant on the agenda of the residents' general meeting of this case illegally.

As of the time of the residents' general meeting of this case, the proceedings and the quorum have not been met (participants)

The resolution Nos. 1, 2, and 3 of this case is null and void, respectively.

I asserts.

However, as shown in the above argument by the plaintiff, each entry in Gap evidence 22-1 to 204 is believed.

Since it is difficult and there is no other evidence to acknowledge it, the plaintiff's above assertion is without merit.

3. Whether the promotion committee is able to select a work executor;

A. Whether the resolution of this case 2 is null and void

1) Party’s assertion

The plaintiff does not have the authority of the promotion committee to select the work executor under the provisions of the Urban Improvement Act.

The second resolution of this case asserts to the effect that it is invalid since it is the authority of a general meeting of partners.

For this, the defendant shall select the developer in the case of a housing redevelopment project association under the Urban Improvement Act.

Any provision is amended by Act No. 7960 on May 24, 2006 without any provision; and

11(1) for a housing redevelopment project partnership, a constructor after obtaining authorization to establish a housing redevelopment project partnership; or

The court stated that the registered business operator should be selected as a contractor, but on August 25, 2006, the enforcement date thereof.

The contractor is not subject to the above provision at the time of the resident assembly of this case held before

In addition, even if the promotion committee selects the contractor, the partnership shall select the contractor.

so long as the committee of promoters does not comprehensively succeed to the rights and duties related to such affairs, the committee of promoters is a non-corporate

However, this article argues that it should be free to select a contractor.

2) Relevant statutes

The Urban Improvement Act (amended by Act No. 7960 of May 24, 2006)

Article 8 (Implementers of Housing Redevelopment Projects, etc.)

(1) The housing redevelopment project shall be implemented by the partnership under Article 13 (hereinafter referred to as the "partnership"), or the partnership.

A constructor under Article 9 of the Framework Act on the Construction Industry, such as the head of a Si/Gun, housing construction, etc. with the consent of a majority of the members;

(hereinafter referred to as "contractor") and registered business operators deemed a constructor pursuant to Article 12 (1) of the Housing Act (hereinafter referred to as "registered business operators").

The registered business operator may implement the registered business jointly with the person who meets the requirements prescribed by the Presidential Decree.

Article 11 (Selection of Contractor)

(1) Each housing reconstruction project association shall select a constructor or registered project operator as the contractor after obtaining authorization to implement the housing reconstruction project.

Article 13 (Establishment of Partnership and Composition of Promotion Committee)

(1) Where a person other than the Mayor, the head of a Gun or the Korea Housing Corporation, etc. intends to implement a rearrangement project, such land owner

An association shall be established: Provided, That a landowner of land, etc. shall maintain an urban environment pursuant to Article 8 (3).

Where a business is to be conducted independently, this shall not apply.

(2) Where it is intended to establish an association under paragraph (1), members with the consent of a majority of the owners of land, etc.

Construction transportation by organizing a committee for promotion of the establishment of an association (hereinafter referred to as "promotion committee") with at least five members, including the head of the Gu.

The approval of the head of Si/Gun shall be obtained in accordance with the methods and procedures prescribed by Ordinance of the Ministry.

Article 14 (Functions of Promotion Committee)

(1) The promotion committee shall perform the following duties:

1. Affairs concerning an application for a safety diagnosis under Article 12;

2. Selection of the specialized management businessman of rearrangement project under Article 69 (hereinafter referred to as the "specialized management businessman of rearrangement project");

3. Preparation of a rough implementation plan for a rearrangement project;

4. Preparatory affairs for obtaining authorization to establish a cooperative;

5. Other affairs necessary for promoting an establishment of the partnership, which are prescribed by the Presidential Decree.

(3) The details of duties performed by the promotion committee under paragraph (1) shall accompany the bearing of costs by the owners, such as land.

or in the event that any change occurs in rights and obligations, the Presidential Decree shall prescribe before the performance of the business.

shall obtain the consent of the owner, such as land in excess of the applicable ratio.

Article 24 (Convening of General Meetings and Matters for Resolution)

(1) A general meeting comprised of union members shall be established.

(3) The following matters shall undergo a resolution at a general meeting:

6. Selection and replacement of the removal entity, contractor, or designer.

Enforcement Decree of the Urban Improvement Act (amended by Presidential Decree No. 2022 of August 17, 2007)

Article 22 (Duties of Promotion Committee)

The term “business prescribed by the Presidential Decree” in Article 14 (1) 5 of the Act means the following matters:

1. Preparation of operational regulations for the establishment of an association under Article 13 (2) of the Act (hereinafter referred to as the “promotion committee”);

2. Demand for written consent of landowners, such as land;

3. Preparation for the inaugural general meeting for establishment of the association;

4. Preparation of the draft articles of association;

5. Other matters prescribed by operational regulations of the promotion committee.

Article 23 (Consent of Owners of Land, etc. concerning Duties of Promotion Committee)

(1) The promotion committee under Article 14 (3) of the Act shall have the contents of its business accompanied or right to bear the expenses.

If any change occurs in interest or duties, the consent of the owner of the land, etc. shall be obtained in accordance with the following standards:

(1) In this case, matters other than those falling under each of the following subparagraphs shall be governed by the operational rules of the promotion committee:

1. At least 2/3 of the owners, such as land, etc. or the land, etc. consenting to the composition of the promotion committee;

Matters to be required by the Committee

(a) Preparation of operational regulations of the promotion committee;

(b) Expansion or reduction of the scope of implementing the rearrangement project;

2. Matters requiring consent of a majority of owners, such as land, etc. consenting to the composition of the promotion committee;

(a) Selection of the specialized management businessman of rearrangement project under Article 69 of the Act (hereinafter referred to as the “specialized management businessman of rearrangement project”);

(b) Formulation of a rough project implementation plan;

3) Determination

Articles 14 of the Urban Improvement Act and Articles 22 and 23 of the Enforcement Decree of the same Act shall prescribe the duties of the Promotion Committee.

with respect to the business accompanying the bearing of expenses by the owner of the land, etc., more than a certain percentage;

The consent of the owner of land, etc. is required to be obtained, and the contractor of the business accompanied by the cost bearing is required.

A housing redevelopment project under Article 8 of the Urban Improvement Act shall not include the duties of selection, but shall not include a housing redevelopment project;

A partnership or a partnership may implement such partnership or jointly with the constructor with consent of a majority of partners.

Article 24 of the Act on the Maintenance and Improvement of Urban Areas provides that the selection of a contractor shall be made by a member.

The above-mentioned relevant laws and regulations provide that the resolution of a general meeting shall be made by the general meeting.

In the light of the view, the selection of the contractor is the authority of the committee of promoters or the committee of promoters.

In addition, it is reasonable to see that it is a member's own authority at the time of the resident general meeting.

With respect to the time of selection of a contractor in a housing redevelopment project partnership under the relevant laws enforced;

Even if there is no direct restriction provision, it should be viewed equally, so so, avoid such a provision.

The second resolution of this case made at a high-priced resident general meeting of this case is null and void.

B. Whether the resolution of this case 3 is null and void

As long as the resolution of this case No. 2 is null and void, the Plaintiff and ○○ Construction Corporation selected as the Defendant and contractor.

As the provisional contract entered into on November 24, 2006 is null and void, the resolution of this case No. 3 is null and void.

The third resolution of this case is alleged to the effect that the committee's budget (not known) and personnel and remuneration regulations (not known) are approved.

The plaintiff's assertion that there is no direct relationship with the second resolution of this case as to the agenda item of this case.

for the purposes of this section.

4. Conclusion

Thus, the plaintiff's claim of this case is justified within the scope of the above recognition, and b

(s) All of the claims shall be dismissed as it is without merit, and it is so decided as per Disposition.

Judges Lee Sung-won-

Judges Jeon Jae-ju