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(영문) 서울행정법원 2015.11.19 2014구합66922

총회결의무효확인

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant is the head of Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter "the head of Yeongdeungpo-gu") on September 18, 2008 for the purpose of implementing the housing redevelopment improvement project (hereinafter "the project of this case") in Yeongdeungpo-gu Seoul Metropolitan Government, and the housing redevelopment improvement project partnership is authorized by the head of Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter "the head of Yeongdeungpo-gu") and the plaintiff is the owner of the land and the

B. 1) The Defendant established a project implementation plan and obtained approval from the head of Yeongdeungpo-gu Office on December 31, 2009, and the head of Yeongdeungpo-gu publicly announced the project implementation plan on January 7, 2010 (the first project implementation plan is referred to as the “first project implementation plan”).

(2) The Defendant, from March 5, 2010 to April 5, 2010, received applications for parcelling-out from its members and established a management and disposal plan based on the application for parcelling-out from its members, and obtained approval from the head of Yeongdeungpo-gu on April 29, 201, and thereafter, the Defendant obtained approval from the head of Yeongdeungpo-gu Office on December 17, 2013 (hereinafter “instant project implementation plan”), filed an application for an ordinary revision from January 2, 2014 to February 5, 2014, and applied for approval from the head of Yeongdeungpo-gu Office after the resolution of the amendment of the management and disposal plan at the general meeting on July 31, 2014.

3) On October 14, 2014, the head of Yeongdeungpo-gu requested the Defendant to submit relevant documents after supplementing the application by October 17, 2014, on the ground that the average price of the appraised value of the commercial buildings is below the value, ② the reduction of the estimated rate for calculating the estimated proportional value due to the compensation for religious facilities, ③ the application for the application for the sale of buildings and the alteration of the management and disposal plan, and the application for the alteration of the existing application for parcelling-out and the application for the alteration of the management and disposal

On October 14, 2014, the Defendant held a board of directors on October 14, 2014 and resolved to supplement the amendment of the management and disposal plan by reflecting the above amendment notification, and held a board of directors on the 17th and 20th of the same month.