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(영문) 부산지방법원 동부지원 2017.11.09 2017고정736

도시및주거환경정비법위반

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Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

From October 22, 2016 to October 22, 2016, the Defendant is a person who holds office as the president of the redevelopment and consolidation project association for D Housing in Suwon-gu, Busan.

The implementer of an urban environmental improvement project shall comply with the request within 15 days, where the members request the perusal or reproduction of the minutes of the general meeting, relevant materials, documents concerning the implementation of the rearrangement project, and relevant materials.

Nevertheless, the Defendant did not comply with the request and did not peruse or duplicate the video images within 15 days, even though F, a member of the D Housing Redevelopment Project Association, requested perusal or reproduction of the video images of D Housing Redevelopment Project Association on October 22, 2016 at the office of the D Housing Redevelopment Project Association on November 10, 2016.

Accordingly, the defendant violated the Urban and Residential Environment Rearrangement Law.

Summary of Evidence

1. Statement made by the police with regard to F;

1. It is alleged that the Defendant did not object to “executive officers of a cooperative” under Articles 86 subparag. 6 and 81(6) of the Act on the Improvement of Urban Areas and Residential Environments, on November 10, 2016, on the ground that, in relation to the relationship between a cooperative and its members, an executive newly elected at the general meeting has the authority to properly represent the cooperative regardless of whether the change of executive officers of the cooperative or whether the change of the cooperative is approved or whether the change of the cooperative is registered (in relation to the relationship between the cooperative and its members, the term of office of the head of the cooperative of the defendant and his/her defense counsel is starting on October 22, 2016, not on October 29, 2016, which is the date when the change of executive officers of the cooperative was registered. However, the judgment that the new executive officer of the general meeting has no effect on the legal relationship between the cooperative and the cooperative members of the competent administrative agency.