beta
(영문) 대전지방법원천안지원 2020.08.14 2020가합101624

총회결의무효확인

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

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 referred to as the "Urban Improvement Act") to implement a housing reconstruction project (hereinafter referred to as the "project in this case") with the members of Dong-gu Seoul Special Metropolitan City C as the project area, and the plaintiff (appointed party) and the

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

C. On April 21, 2018, the Defendant held a general meeting of the instant general meeting (hereinafter referred to as “instant general meeting”). On the 4 agenda, the Defendant entered into a construction contract with D and D to enter into a construction contract to add KRW 1,506,074,30 to the construction cost, such as the cost of construction works for expanding balcony for households in lots, and the cost of construction works for expanding balcony for households in lots, and the cost of construction works for households in lots, as well as the cost of construction works for constructing balcony for households in lots, and on the 5 agenda items, the Defendant entered into a written agreement with D and C to pay each household construction cost to D through the Defendant.

On November 24, 2018, the Defendant held a general meeting to revise the management and disposal plan for registration of preservation of ownership (hereinafter referred to as the “special meeting of this case”) and made a resolution to re-determine the construction cost of balcony expansion with respect to households selling members in lots as stipulated in the resolution on the agenda item 5 of the instant general meeting of this case, and to approve the amendment of the final management and disposal plan as an agenda item 3.

The estimated cost of the improvement project in the relevant management and disposal plan includes the cost of the balcony expansion project.

E. The astronomical City approved the completion of May 30, 2018, and the final approval for the management and disposal plan was made on March 18, 2019.

F. On June 3, 2019, the transfer announcement of the instant project was made, and its contents were published in the astronomical Drawing on June 10, 2019.

[Reasons for Recognition] Unsatisfy, Gap evidence 2, 4, 7, 8, and Gap.