A. Error 1) As to the conclusion of a contract without a resolution of the general meeting, D Housing Redevelopment and Rearrangement Project Association opened an extraordinary general meeting on November 22, 2009, and selected a construction project management (CM) service company as F and G architect who bid the contract amount of KRW 1.97 million. During that process, the purpose and content of the contract, the degree of the partner's burden was already expressed, and the contract amount was 1.9 billion won as a result of the above selection, and the contract was concluded with the above architect with the above architect with the contract amount of KRW 1.9 billion. As such, in substance, the Defendant should be deemed to have entered into the contract through a resolution of the general meeting. 2) As to the issue of nonpublic disclosure within 15 days after the amendment of the contract of the service company, the Defendant instructed M as an administrative director of the association to disclose the "D Housing Redevelopment and Rearrangement Project Improvement and Improvement Service Contract" through the Internet camera, etc.

B. The sentence imposed by the court below on the defendant (two million won of fine) is too unreasonable.

2. Determination

A. Judgment on the assertion of mistake of fact 1) With respect to the conclusion of a contract without a resolution of the general meeting, the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement

(2) Article 24(3)5 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents provides that “a contract that shall be borne by a partner, other than the matters stipulated in the budget” means a contract that imposes a burden on a partner with regard to expenses incurred by a partner by paying money or discharging an obligation beyond the items and scope stipulated in the budget of the association (see Supreme Court Decision 2010Da10512, Apr. 28, 201).” Article 24(3)5 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents provides that “a contract that shall be borne by a partner, other than the matters stipulated in the budget,” as the matters determined by the resolution of the general meeting, is a matter that directly affects the rights and obligations of the partners, and thus