관리처분등총회결의무효확인청구의 소
1. All of the plaintiffs' primary claims are dismissed.
2. The Defendant was authorized by the Overcheon City on July 27, 2016.
1. Basic facts
A. The Defendant is an association that implements a housing reconstruction improvement project (hereinafter “instant project”) for a housing complex on B and two lots (hereinafter “instant complex”) established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).
The plaintiffs are the members of the defendant who owned the commercial building in the instant complex.
B. The instant complex consists of “A commercial building” located in the center of the complex, “BB commercial building” located in the north of the complex, and apartment buildings located in the residential space of residents.
(hereinafter referred to as the “instant apartment building,” and the said apartment building is referred to as the “instant apartment building,” and the members who were the sectional owners of the instant apartment building and the members who were the sectional owners of the instant apartment building, respectively. The composition of the previous site area of the instant apartment complex is as follows.
(referring to the share area in the site in the case of the apartment and commercial buildings of this case). The total area of the previous site area of the 112,958.54, 4,048.6. 6, 419.218,176.2
C. Around November, 2011, the Housing Reconstruction Improvement Project Establishment Promotion Committee, which promoted the Defendant’s establishment, submitted a letter of commitment that “A commercial building” council composed of members of the instant commercial building and the “BB commercial building” council shall stipulate in the articles of incorporation the provisions that it shall be an independent debt settlement system at the time of the management disposition plan,” to obtain written consent for establishment from the members of the instant commercial building.
Accordingly, the articles of incorporation of the defendant has been prepared for the independent accounting system, and pursuant to Article 46 of the Act on the Maintenance and Improvement of Urban Areas and Article 48 of the Enforcement Decree of the same Act and Article 52 of the Enforcement Decree of the same Act, the management and disposal plan concerning the properties owned by the members of the association has been terminated.