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(영문) 서울행정법원 2019.07.26 2017구합54203

관리처분계획 무효확인의 소

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1. All of the plaintiffs' claims are dismissed.

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

Reasons

Details of the disposition

The Defendant is the Housing Redevelopment and Improvement Project Association established to implement the Housing Redevelopment and Improvement Project (hereinafter referred to as the “instant Improvement Project”) whose project implementation district covers 104,979m2 in Seongbuk-gu Seoul Metropolitan Government D D, and the parts related to the instant case in the Defendant’s articles of incorporation (hereinafter referred to as the “instant articles of incorporation”) are as follows:

(2) The rights of ownership, superficies, etc. under the provisions of paragraph (1) refer to the rights prescribed by the Civil Act: Provided, That in the case of buildings without permission, the Seoul Metropolitan Government Ordinance on the Maintenance and Improvement of Urban Areas and Residential Environments (hereinafter referred to as the "Seoul Metropolitan City Ordinance") enacted under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents shall be referred to as the "Seoul Metropolitan City Ordinance").

(A) recognize the owner of an unauthorized building as its members, provided that the existing unauthorized building specified in the following subparagraphs (including a building with approval for its use) proves that it is its own:

Unauthorized buildings registered in the Unauthorized Building Register as of December 31, 1981;

(b) In cases where one household or one person owns the ownership or superficies of two or more lands or buildings, which appear in the second aerial photography taken in 1981, regardless of the number thereof, one member shall be deemed to be the one member;

Article 16 (Duties, etc. of Executives) (5) Where the president or director of a cooperative is involved in a contract or lawsuit with the cooperative for himself/herself, the auditors shall represent the cooperative.

Part V institutions Article 27 (Establishment of Board of Directors) (1) Unions shall have a president and directors to execute the affairs of unions.

(2) The president shall convene and preside over the board of directors.

Article 28 (Affairs of Board of Directors) The Board of Directors shall carry out the following affairs:

1. Execution of the budget and ordinary affairs of the association;