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(영문) 울산지방법원 2015.07.23 2014가합5087

대의원회결의 무효확인

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The parties’ status 1) Ulsan-gu I and J 409,600 square meters (hereinafter “H”).

) As the Ulsan Basic Urban Planning in 2021 was designated as a prospective urbanization site, part of the owners of the pertinent land belonging to H is the H Development Promotion Committee (hereinafter “Urban Development Promotion Committee”).

2) On December 14, 2009, the Defendant succeeded to all rights and obligations of the Urban Development Promotion Committee, a corporation which obtained authorization to establish an urban development project under the Urban Development Act, in order to conduct an urban development project at H.

3) The Plaintiffs are the owners of the land located in the urban development zone that the Defendant implements, and are the members of the Defendant. B. The Urban Development Promotion Committee that entered into an urban development project with a household construction company on behalf of the Plaintiff is an enterprise to implement the urban development project as an agent (hereinafter “household construction”).

On December 12, 2007, the Urban Development Promotion Committee was selected, and entered into an urban development project agency contract with the above company (However, the name of the Urban Development Promotion Committee under the above contract is entered in the H Development Project Association.

hereinafter referred to as “instant project agency contract”

The main contents of the instant project agency contract are as follows: (i) the Defendant will act on behalf of the Defendant, and the scope of the agency is as follows (Article 2(4)). (ii) the preparation and authorization of the project plan, the application for designation of a project district, the preparation of an application for the establishment of a development plan, and the preparation and authorization of the implementation plan. (iii) Construction and removal compensation, (iv) the preparation and authorization of an application for the designation of a planned land substitution, (v) the preparation and authorization of an application for the designation of a planned land substitution, (v) the disposition of replotting and the registration of subrogation, and (vi) the liquidation affairs, all other incidental affairs pertaining to the project implementation, excluding construction expenses due to the implementation of the project, shall be paid

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