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(영문) 인천지방법원 2018.08.31 2017구합54580

사업시행변경계획무효확인

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1. The plaintiffs' primary and conjunctive claims are all dismissed.

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

Reasons

Basic Facts

The process of implementing the Housing Redevelopment Improvement Project in Zone A (hereinafter “instant project”) in the course of the implementation and disposition - the approval of the Promotion Committee on December 17, 2006 - the approval of the establishment of the Defendant Cooperative on December 4, 2009 - the approval of the implementation plan on August 27, 201 - the special general meeting and the special meeting on August 27, 201, - the approval of the project implementation plan (1st) on December 26, 2011 - the approval of the project implementation plan on the special meeting on July 9, 2016 (hereinafter “the instant general meeting”), the project implementation plan (2nd, hereinafter “instant project implementation plan”), the project implementation plan (hereinafter “instant project implementation plan”), and the plaintiffs are owners of land, etc. within the rearrangement zone.

On July 9, 2016, the Defendant: (a) decided to hold the instant general meeting; and (b) sent guidance books on the instant general meeting to its members by registered mail.

The above guide book is presented five agenda items, which are the resolution of the special general meeting. Among them, the agenda item No. 1 of Part II is "case of modification of the project execution plan", and the agenda item is accompanied by the detailed statement of modification of the project execution plan, the drawings related to the modification, and the project execution plan (revision) plan.

The main content is 16.81% increase (29.08% to 245.89%), the number of households 349 households (1648 households to 1997 households), the usual change of some households (188 households to 49-type 0 households, 59-type 359 households to 952 households, 84-type 924 households to 697 households, 99-type 41 households to 41 households, from 114-type 40 households to 0 households), etc.

(The detailed details are as shown in Attachment 2). The number of union members who submit a written resolution or directly attend the meeting of this case among 850 union members of the defendant's general meeting of this case and 850 union members of the defendant's general meeting of this case is as listed below, and the "case of modification of a business implementation plan" was approved by the affirmative votes 471, opposing 7, 99 and invalid 5.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 5, Eul evidence 1 to 6.