주민총회결의무효확인
1. Revocation of the first instance judgment.
2. The instant lawsuit shall be dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. The reasoning of this part of the reasoning of the judgment of the court of first instance is the same as that of Paragraph 1 of the same Article, and thus, this part of the judgment is cited in accordance with the main sentence of Article 4
2. Judgment on the main defense of this case
A. On July 2, 2013, the Defendant: (a) held a general meeting of the association; and (b) ratified a resolution of the portion of selecting a specialized management entity and a designer of the instant resolution.
Therefore, the Plaintiff’s lawsuit seeking confirmation of invalidity of the instant resolution is unlawful because it is merely seeking confirmation of past legal relations.
B. (1) In a case where a housing redevelopment project association established as a juristic person upon authorization to establish an association and approved or ratified a resolution of selection of a contractor conducted by the general meeting of residents or the general meeting of landowners such as land, etc. held by the association establishment promotion committee (hereinafter “promotion committee”), even if the resolution of selection of a contractor conducted by the general meeting of residents or the general meeting of owners such as land held by the promotion committee is null and void, barring special circumstances such as where a new resolution of the general meeting of association is nonexistent or null and void due to defects, or where a resolution of the general meeting of residents or the general meeting of landowners held by the former promotion committee is revoked, it is merely an seeking confirmation of the past legal relationship or legal relationship,
(see, e.g., Supreme Court Decision 2010Da10986, Apr. 12, 2012). Such a legal doctrine equally applies to cases where a housing redevelopment project association has adopted a resolution that selects a rearrangement project management contractor and a designer as stipulated in Articles 14(1)2 and 2-2 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents at a residents’ general meeting held by a promotion committee by opening a general meeting of association.
(2) Eul evidence of heading 13 to 20.