임시총회결의무효확인
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal, including the part arising from the supplementary participation, are assessed against the Plaintiffs.
1. Basic facts
A. On September 22, 2008, the Daegu Metropolitan City Mayor (Seoul Metropolitan City Mayor) designated the area of 80,986 square meters as the "J District Housing Redevelopment Improvement Zone" and publicly announced the topographical map (Public Notice BA of Daegu Metropolitan City).
B. On November 8, 2008, the J District Housing Redevelopment Improvement Project Promotion Committee (hereinafter “Defendant Association Establishment Promotion Committee”) held an inaugural general meeting to establish the Defendant Association. On December 12, 2008, the Plaintiff filed an application for authorization to establish an association with the head of Daegu Metropolitan City on December 12, 2008, and submitted supplementary documents, such as a list of union members and a general list of consent.
In accordance with Article 16 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 10268, Apr. 15, 2010; hereinafter “former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”), on February 27, 2009, the head of the Nam-gu Seoul Metropolitan City authorized the establishment of the defendant association by viewing that 419 of the owners of land, etc. (76.04%) among 551 owners of land, excluding 11 persons whose whereabouts are unknown among 562 members of the defendant association.
The defendant is a housing redevelopment project partnership which completed the establishment registration on March 17, 2009 according to the above establishment authorization, and the plaintiffs are the members of the defendant.
C. Of 562 members, the Defendant demanded from 146 members of the Defendant association to hold an extraordinary general meeting aimed at appointing officers (the head of the association, the auditor, the director), and the representatives (hereinafter collectively referred to as “executive officers, etc.”) of the Defendant association, and constituted BB by selecting election management members (B, BC, and BD).
On September 30, 2015, the Defendant, as indicated below, restricted the candidate’s qualification as a member who consented to the establishment of the Defendant’s association at the time of the publication of the candidate’s registration to elect executives, etc. (Evidence A No. 5; hereinafter “instant publication”).
J District Housing Redevelopment and Improvement Project Association Act No. 2015-06 (the president of partnership, the auditor, and the director) shall notify the registration of candidates for representatives in J District Housing Redevelopment and Improvement Project Association.