총회결의무효확인
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. The Defendant was established to implement a housing reconstruction project (hereinafter “instant project”) on the scale of 6,390.1 square meters in Suwon-gu, Busan, to implement the housing reconstruction project (hereinafter “instant project”), and is a housing reconstruction project partnership under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), which was approved on May 16, 2008, and the Plaintiffs are the Defendant’s members.
B. With respect to the instant project, authorization for project implementation was issued on November 26, 2013, and around August 1, 2014, respectively, and authorization for the management and disposal plan was granted on November 15, 2017, and the notification was issued on March 21, 2018.
C. After that, on June 1, 2019, the Defendant held a general meeting for partnership dissolution and liquidation (hereinafter “instant general meeting”) and held each resolution (hereinafter “instant resolution”) on the agenda items listed in attached Table 1 (hereinafter “instant agenda items”) and the agenda items listed in attached Table 2 (hereinafter “instant agenda items”). Of the instant one agenda items, the Defendant paid 150,000,000 won to partnership president AB, and 150,000,000,000 won among the partnership’s residual property (hereinafter “instant agenda items”) and 2 agenda items to each of the representatives. Of the instant agenda items, the Defendant paid each resolution (hereinafter “instant resolution”).
With respect to the instant one agenda among the instant resolution, 114 of the Defendant’s registered members present (162 of the 173 members, 83 members, 79 members present) and agreed to the instant resolution. As to the instant two agenda, 162 of the Defendant’s registered members (173 members, 83 members, 79 members present) and 95 of the 173 members present.
E. The provisions of the Urban Improvement Act and the Defendant’s articles of incorporation relating to the instant resolution are as follows.
Article 40 (Matters Stated in Articles of Incorporation) (1) of the Urban Improvement Act.