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(영문) 서울서부지방법원 2017.06.15 2017노15

도시및주거환경정비법위반

Text

The judgment of the court below is reversed.

The accused shall announce the summary of the judgment of innocence.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The quasi-budget system existing in relation to mistake of facts and operation of the state and local government should also be applied to the operation of the Housing Redevelopment Development Project Association.

E. A housing redevelopment improvement project partnership (hereinafter “association of this case”)’s budget for 2010 budget for the year 2010, there are items of general and extraordinary general meeting expenses, and reserve funds. The expenses for each service contract of this case are within the scope of the expenses for holding a general meeting in 2010 and within the scope of the reserve funds that can be used at the expense for holding a general meeting. Accordingly, each service contract of this case can be deemed as a contract concluded in accordance with the budget of 2010.

In addition, the settlement of accounts of the instant association was erroneous in the year 2010. The cost of each of the instant services contracts is within the scope of the actual reserve funds remaining after the execution of the budget in the year 2010. Therefore, each of the instant services contracts cannot be deemed as “a contract that will become a burden on members, other than the matters stipulated in the budget.”

Although the quasi-budget system does not apply to each service contract of this case, each of the instant services contract constitutes “a contract that becomes a partner’s burden, in addition to the matters prescribed in the budget,” each of the instant services contract is ordinarily concluded for the holding of a general meeting, and thus constitutes a justifiable act.

Therefore, the court below erred by misapprehending the facts or by misapprehending the legal principles, thereby affecting the conclusion of judgment.

2) The sentence sentenced by the lower court is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Summary of the facts charged and the judgment of the court below

A. The summary of the facts charged is the president of the instant association, which is the association established under the Act on the Maintenance of Urban and Residential Environments.

An executive officer of a cooperative established under the Urban and Residential Environment Rearrangement Act shall be determined by the budget without going through a resolution of the general meeting of the cooperative.