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(영문) 서울서부지방법원 2010.09.16 2009가합10973

총회결의무효확인

Text

1. The case of the Defendant’s consent to the project implementation plan No. 2 at the extraordinary general meeting of August 19, 2009, and the establishment of the association No. 3.

Reasons

1. Basic facts

A. The defendant as the party is the association that obtained authorization from the head of Seodaemun-gu Seoul Metropolitan Government pursuant to the provisions of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on March 27, 2009 for the purpose of implementing a housing redevelopment project by making the project district of 119,881 square meters in Seodaemun-gu Seoul N, Seodaemun-gu, Seoul as the project district of N, and the plaintiffs are the land owners in the above project area and are the

B. (1) On May 23, 2006, the head of the Defendant’s association, etc. filed an application for approval for establishment of the “P Housing Redevelopment Promotion Committee” with the head of Seodaemun-gu Seoul Metropolitan Government in order to promote the housing redevelopment improvement project as prescribed by the Urban Improvement Act, on the grounds that the Defendant’s association president, etc. was approved on the ground that on July 14, 2006, the head of Seodaemun-gu Seoul Metropolitan Government approved the establishment of the said Promotion Committee on the ground that he/she obtained 397 consent (50.64%) from among the owners of the land, etc. in the above zone, etc. on the ground that he/she obtained 784 consent (50.64%) from among the owners of the above zone

(2) On August 17, 2006, the above promotion committee held a residents' general meeting to select a work executor for the implementation of a joint project and passed a resolution to select Samsung C&T and Daelim Industrial Co., Ltd. as a joint project executor and a work executor. On January 9, 2009, the Seoul Western District Court rendered a judgment on January 9, 2009 that the selection of Samsung C&T Co., Ltd and Daelim Industrial Co., Ltd. as the work executor is invalid on the ground that the selection of construction works is not the right of the promotion committee or the general meeting of the land, etc. held by the promotion committee or the promotion committee but the inherent authority of the general meeting of the association.

(3) Meanwhile, on February 5, 2008, the Mayor of Seodaemun-gu Seoul Metropolitan Government designates the Nildaedae-gu Seoul Metropolitan Government 119,881 square meters as MU as a MU, QU as a public notice of Seoul Metropolitan Government.