총회결의무효확인
1. Subparagraph 5 among the agenda items resolved by the Defendant at a general meeting of shareholders held at a small meeting of the Jungcheon Civil Community Center at around 15:00.
The facts are that the defendant as the parties to the case, on December 29, 201, with the aim of implementing the housing reconstruction improvement project (hereinafter referred to as the "project in this case") on three parcels, 80,421.7 square meters (hereinafter referred to as "the rearrangement zone in this case") from the Si of Macheon-si designated as the rearrangement zone on December 29, 201, the defendant obtained authorization for the establishment from the Si of Macheon-si on December 19, 2013, and the housing reconstruction improvement project association, the registration of incorporation of which was completed on December 20, 2013, and the plaintiffs are the
The Promotion Committee for the Establishment of the DHousing Reconstruction Project Association (hereinafter referred to as the “Promotion Committee”) in the course of the establishment of the Defendant (hereinafter referred to as the “instant apartment building”) shall remove 24 apartment units of G in the area of 77,345.7m2 and 77,000,00,000, and one commercial building (a total of 32 stores; hereinafter referred to as the “instant apartment buildings”) and one building (a total of 32 stores; hereinafter referred to as the “instant commercial building”) on the site. The instant apartment and commercial building owners obtained the consent of 511 of the 746 members among the sectional owners of the instant apartment and commercial buildings, and obtained approval from the Jungcheon-si market on March 20, 2012.
On the contrary of the sectional owners of the instant commercial building, the promotion committee failed to meet the consent requirements for establishing an association under Article 16(2) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 12640, May 21, 2014; hereinafter “former Act”). On August 17, 2012, the committee filed a lawsuit against the sectional owners, etc. of the instant commercial building to divide the site part of the instant commercial building (hereinafter “land partition lawsuit”) and completed the establishment registration on April 9, 2013, after the inaugural general meeting was held on August 19, 2012.
However, some of the owners of the commercial buildings of this case filed an administrative appeal against the validity of the establishment authorization disposition.