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(영문) 대전지방법원천안지원 2020.11.13 2019가합103129

총회무효 또는 부존재 확인의 소

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1. All the primary and conjunctive lawsuits of this case shall be dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The defendant is the Housing Reconstruction and Improvement Project Association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter "Urban Improvement Act") to implement the housing reconstruction project (hereinafter "the housing reconstruction and improvement project") by designating D members of the Nam-gu Seoul Special Metropolitan City as the project area, and the plaintiffs are the

B. The Defendant received project implementation authorization on January 6, 2010, and obtained authorization on August 6, 2014.

C. On August 4, 2017, the Defendant held a board of representatives of the 71st council (hereinafter the instant board of representatives) and passed a resolution to approve the present situation of the number of lots lots lots lots of commercial buildings in the apartment complex, which the Defendant sells on the 1 agenda, on July 10, 2017, to delegate the authority to execute construction expenses related to the extension of E Elementary School within the limit of 2.6 billion won to the board of directors with respect to the construction expenses within the limit of 2.6 billion won on the 2 agenda item 2 agenda item 3 agenda items, to enter into a contract with the F.S. and to enter into a contract for vicarious sale of land within the scope of KRW 2 billion on the general sales portion among the commercial buildings in the complex as the 3 agenda item, and to pay KRW 10 million to the residents of neighboring disasters.

On April 21, 2018, the Defendant held a general meeting of the instant general meeting (hereinafter referred to as “instant general meeting”) on the agenda No. 4, and made a resolution to conclude a contract for modification of a contract to add KRW 7,506,074,30 to construction cost of balcony expansion works for the members of the association in lots, and KRW 1,506,074,30, such as the cost of construction works for balcony expansion works for the members unsold in lots, and the cost of construction works for the members unsold in lots, and the Defendant entered into a contract for modification of a contract to add KRW 1,506,074,30 to the construction cost of the balcony expansion works for the members unsold in lots on the agenda No. 5, but each of the construction cost for each household shall be paid to H through the Defendant, and a resolution to

E. The Defendant’s registration of preservation of ownership on November 24, 2018.