[조합원정기총회결의부존재확인][공1999.4.15.(80),643]
The case holding that in the resolution that the general meeting of the reconstruction association shall not grant the new apartment lottery tickets to the members of the association who oppose the reconstruction project, and in the allocation of new apartment houses, the resolution that the members of the association may choose at will the Dongs, floors, lakes of apartment houses and the apartment houses, without open lottery, shall be null and void in violation of the Housing Construction Promotion Act, the Housing Supply Promotion Act, the Rules, and the articles of association
The case holding that the reconstruction association's resolution that the association did not grant a new apartment lottery right to the members of the association against the reconstruction project at an ordinary general meeting and that the association's resolution that the association members of the association voluntarily select and designate the Dong, floor, and lake of the apartment that the association wishes to move in without open lottery shall be null and void because it violates the basic rights of the association members in violation of Articles 32 and 47 of the Housing Construction Promotion Act and Article 28 of the Housing Supply Promotion Act and the articles of association which provide that the association shall guarantee the right to apply for parcelling-out of the new apartment and the method of parcelling-out shall be applied to the public lottery.
Articles 32, 47(1) of the Housing Construction Promotion Act, Article 28 of the Rules on Housing Supply
Plaintiff 1 and four others (Attorney Yyeong-gu, Counsel for the plaintiff-appellant)
Civil Apartment Reconstruction Housing Association (Attorney Doh-won, Counsel for the plaintiff-appellant)
Seoul High Court Decision 97Na56022 delivered on October 30, 1998
The appeal is dismissed. The costs of appeal are assessed against the defendant.
We examine the grounds of appeal.
Article 32 (Supply of Housing) of the Housing Construction Promotion Act provides that "project owner and a person who wishes to acquire housing shall construct, supply housing, or obtain a supply of housing in accordance with the conditions, methods, and procedures, etc. of the supply of housing as determined by the Ordinance of the Ministry of Construction and Transportation." Article 47 (Prohibition of Disturbing Supply Order) of the same Act provides that "No person shall acquire or have a supply of housing constructed and supplied under this Act by deceit or other unlawful means," and Article 28 (Cancellation of Price and Supply Contracts) of the Rules on Housing Supply shall cancel the winning or supply contract when he discovers a person who has acquired housing by unlawful means in violation of the provisions of Article 47 of the Act." Meanwhile, according to the records, the articles of association of the defendant association provides that the members of the association have the right to speak and vote at the general meeting of the newly constructed apartment, and that the method of selling a newly constructed apartment shall be determined by the public lottery of the members of the association in violation of the Housing Construction Promotion Act's new construction and reconstruction project without the rights to the members of the members of the association.
The judgment of the court below to the same purport is just, and there is no ground for appeal.
Therefore, the appeal is dismissed and all costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Lee Jae-soo (Presiding Justice)