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(영문) 서울북부지방법원 2014.07.17 2014고정70

도시및주거환경정비법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person selected as the representative of the president of the reconstruction housing association around May 26, 201.

1. A housing reconstruction and improvement project association that enters into a service contract with the F Company on October 31, 2012 shall undergo a resolution at a general meeting comprised of members in order to enter into a contract to become a partner, in addition to the matters prescribed in the budget;

Nevertheless, on October 31, 2012, the Defendant entered into a service contract with the representative H of the F company and the E-building improvement project agency for KRW 81,85,000, after making a resolution of the board of directors at the E-building housing association office located in Dongdaemun-gu Seoul Metropolitan Government, without the resolution of the general meeting.

2. A housing reconstruction project partnership which has concluded an appraisal contract with the central appraisal corporation on November 2, 2011 shall undergo a resolution of the general meeting comprised of its members in order to select and change an appraisal business entity;

On November 1, 2011, the Defendant selected a central appraisal corporation as an appraisal business entity without a resolution of a general meeting, without undergoing a resolution of a general meeting, and entered into an appraisal contract with the central appraisal business entity around the 2th day of the same month to request an appraisal after the closing of a commercial building. At that time, the Defendant paid KRW 9,859,000 to the central appraisal business entity as commission fees.

3. An appraisal corporation and a housing reconstruction and improvement project association which have entered into an appraisal contract with an appraisal corporation on November 18, 201 shall undergo a resolution at a general meeting comprised of its members in order to select and change an appraisal business entity;

On November 17, 2011, the Defendant selected a sight appraisal corporation as an appraisal corporation by a resolution of the board of directors without going through a resolution of the general meeting, and entered into an appraisal contract with a sight appraisal corporation and a commercial building after requesting appraisal on or around the 18th day of the same month.