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(영문) 대구지방법원 2015.12.15 2015구합22990

총회결의무효확인

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. The Defendant, on December 2, 2003, was a housing maintenance project association which obtained authorization for the establishment of B apartment reconstruction project (hereinafter “instant project”) from the head of Si/Gun/Gu of Daegu Metropolitan City (hereinafter “head of Si/Gun/Gu”) on December 2, 2003 for the purpose of implementing B apartment reconstruction project (hereinafter “instant project”). The Plaintiff (the appointed party; hereinafter “Plaintiff”) and the designated party (hereinafter “Plaintiff and the designated party”), among the Plaintiff and the designated parties, were the owners of the land, etc. in the instant project area.

B. On June 29, 2006, the Defendant received an authorization for the implementation of the project from the head of the Suwon-gu Office, and received the application for parcelling-out against the members from February 1, 2007 to March 31, 2007 (hereinafter “instant application period for parcelling-out”). The Plaintiffs did not apply for parcelling-out to the Defendant during the period of the instant application for parcelling-out.

C. On December 3, 2007, the Defendant obtained the approval of the management and disposition plan from the head of Suwon-gu (hereinafter “the first management and disposition plan”), but the effectiveness of the corporation, which is a contractor, cancelled the contract with the Defendant on the grounds of the poor progress of the project, etc., the Defendant obtained the approval of the abolition of the first management and disposition plan from the head of Suwon-gu on April 23, 2012.

Although the Defendant intended to select Thai C&C as a new contractor and carry out the project in this case, the members applied for a parcelling-out, which held an extraordinary general meeting on October 20, 2012 and resolved to dissolve the partnership and to select a liquidator.

E. After that, the Defendant held a general meeting on April 20, 2014, and obtained the approval of the project implementation plan from the head of Suwon-gu on November 6, 2014. On January 10, 2015, the Defendant held an extraordinary general meeting and passed a resolution on 11 agenda items, including the modification of the application for parcelling-out to the association members, which are the items of subparagraph 5.

F. On April 29, 2015, the Defendant’s general assembly for the management and disposal of the case below the general assembly for the management and disposal of the case.

the agenda in subparagraph 7 is held.