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(영문) 대구지방법원김천지원 2015.05.08 2014가합348

대의원회 결의 부존재확인 확인 등

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1. All plaintiffs' lawsuits are dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant is a project implementer of the Gu-U.S. G urban development project (hereinafter “instant project”) that is proceeding with the land substitution method from the Gu-U.S. H Day, and the Plaintiffs are the land owners located in the said project site, and the Defendant’s association members.

B. On August 18, 2010, the Defendant completed the establishment registration on September 3, 2010 by obtaining authorization for the establishment of an association from the old U.S. mayor. The main contents relating to the instant case in the Articles of association of the Defendant Union, the land substitution rules and the land price standards are as follows.

1. The president of a cooperative: One person;

2. Directors: Not more than nine persons;

3. Auditor: Three persons. (2) The executive officers shall be appointed at a general meeting from among members.

(4) Representatives and members of the Land Appraisal Council: Article 20 (Board of Representatives) (1) of the Enforcement Decree of the Urban Development Act shall have a board of representatives of a cooperative to act on behalf of a general meeting pursuant to Article 36 of the Enforcement Decree of the Urban Development Act.

(2) The board of representatives shall be comprised of representatives, and the prescribed number of representatives shall be at least ten percent of the total number of members.

(3) The terms of office for representatives shall be three years, and the provisions of Article 14 shall apply mutatis mutandis thereto.

Article 21 (Resolution of Board of Representatives) The Board of Representatives shall act on behalf of all the general meetings except for the following matters:

1. Amendment of the articles of association;

2. Appointment of executives;

3. Matters concerning the merger or dissolution of the association: Provided, That the case of dissolution of the association after the collection and delivery of settlement money under Article 46 of the Urban Development Act is completed shall be excluded;

4. Establishment and amendment of a development plan (Standards for replotting plans) Article 33 (Standards for Replotting Plans) (2) In principle, replotting shall be granted to the neighboring areas of the previous land location;

Provided, That where it is impracticable to deliver the previous land to the neighboring area, it may be delivered to a location deemed appropriate after deliberation by the Land Appraisal Council.

(4) Specific land substitution plan shall be governed by the land substitution plan and the land price detailed rules.

Article 34 (Designation of Reserved Land for Replotting) (1) The head of the association.