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(영문) 서울서부지방법원 2019.07.11 2018가합39853

대의원회결의무효확인의 소

Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit shall be borne by the Plaintiff, including the costs incurred by participation.

Reasons

1. Basic facts

A. The Defendant is a housing reconstruction and improvement project association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement a housing reconstruction project in the area of 63,466.4 square meters in Seodaemun-gu Seoul Metropolitan Government D, and completed the registration of incorporation on December 6, 2007 by obtaining authorization from the head of Seodaemun-gu on November 26, 2007 from the head of Seodaemun-gu.

The plaintiff is the defendant's member.

B. On May 26, 2018, the Defendant opened a general meeting (hereinafter “instant general meeting”) and resolved on the method of selling the general allotment (hereinafter “instant commercial building”) excluding the members’ portion among neighborhood living facilities (markets).

Of them, the contents relating to the instant case are as follows:

The case of the resolution for the general method of parcelling-out of neighborhood living facilities shall be sold in a single sale method among the method of parcelling-out agency (the method of selecting and selling an agency for parcelling-out on the condition that the agency for parcelling-out is paid on behalf of a cooperative; Provided, That there is an association responsible for parcelling-out); the commercial buildings subject to parcelling-out shall be sold in a single sale method (the sale of the commercial buildings subject to parcelling-out by bidding price; there is no concern about losses due to unsold in lots due to the public sale); the minimum bid price shall

Tender shall be based on a competitive bidding method, and qualification for participation in bidding shall be determined as follows:

1. In the case of redevelopment or reconstruction of the Seoul Metropolitan Area within four years from the date of publication:

(a) Purchasing at least one unit of at least 50 billion won and at least one unit of a single sales unit in a complex;

(b) Purchasing at least four commercial buildings with a size of at least 2,00 square meters in a complex with at least 1,100 households constructed;

2. A corporation, the capital of which is at least 300 million won as of the date of public announcement, which continues to exist for at least five years, shall delegate to the board of directors the timing for general sale of commercial buildings (hereinafter referred to as "requirements for qualification") and the determination of general sale

Subsequent to the next general meeting, matters concerning the sale of neighborhood living facilities shall be ratified at the next general meeting.

C. The instant assembly may amend the management and disposition plan.