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(영문) 대법원 2020.06.25 2018두34732

관리처분계획인가처분 취소

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All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the grounds of appeal Nos. 5 and 6 (the validity of a temporary resolution of the general meeting of partners for the amendment of the articles of association as of December 27, 2015 and a resolution of the general meeting of partners for the amendment of the articles of association as of January 14, 2016)

A. The general meeting of a partnership is the highest decision-making agency of the reconstruction and consolidation project association, and the modification of the articles of association or the establishment of the management and disposal plan is the resolution of the general meeting. Thus, the general meeting of the partnership has the discretion to withdraw or modify the contents of the previous general meeting resolution by a resolution of a new general meeting

(2) Article 16(1) of the former Act on the Maintenance of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 13912, Jan. 27, 2016; hereinafter “former Act”) provides that “where a reconstruction improvement project association amends its articles of association concerning the cost bearing of a cooperative, it shall obtain authorization from the head of a Si/Gun with the consent of at least 2/3 of the union members, notwithstanding Article 16(2) (Article 20(3) and (1)8).” Article 24(6) of the same Act provides that “The procedures for convening a general meeting and method of resolution on the cost bearing of a cooperative shall be determined by the articles of association regarding the procedures for convening a general meeting and method of resolution on the cost bearing of a cooperative shall be determined by the articles of association (Article 24(6)). As such, a general meeting that intends to amend the articles of association on the cost bearing of a cooperative shall not be deemed to have any more strict provision than that prescribed by the former Act on the Maintenance of Urban Areas and Dwelling Organizations, etc.

On the other hand, organizations.