beta
(영문) 춘천지방법원영월지원 2020.06.17 2019가단10571

마을발전기금 청구의소

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. Defendant C Village was paid KRW 348,00,000 with respect to the installation of electric transmission lines from D power stations to 365KV.

Defendant B is the representative village of Defendant C Village Council at present.

B. Around June 22, 2016, Defendant C Village Association distributed KRW 348,000,000 to 29 village residents each, respectively.

C. The relevant provisions on the operation of the Village Development Fund of the Defendant C Village Association are as follows.

Article 5 (Establishment of Committee) The Village Development Fund Management Committee shall be established separately for the efficient operation, management, deliberation, etc. of the Village Development Fund.

Article 6 (Composition) (1) Members of the Village Development Fund Management Committee shall be comprised of not less than ten members, including the chairperson, and the chairperson shall be the representative of the village, and members shall be commissioned by the Village General Meeting

(2) Three or less exclusive members shall be appointed by the chairperson to secure transparency in the admission to, withdrawal from, and management of, village development funds, and the exclusive members shall be commissioned by the chairperson from among the members.

(A) A community resident's qualification (or a resident's income business) shall be comprised of resident registration and single households, and shall participate in all village projects that shall reside for at least six months a year and may be equally entitled to support.

Provided, That the standards are housing and the landowners are excluded; the Management Committee of the Development Fund of Article 7 (Function) shall deliberate and decide on the following matters:

Provided, That approval from a village general meeting shall be obtained for important matters, such as the formulation and amendment of a project plan, fund operation plan, and settlement.

(1) Matters concerning the implementation of projects. (2) Matters concerning the implementation of projects. (4) Other incidental matters concerning the implementation of funds. Article 8 (Meetings) (1) The Committee shall hold regular meetings at least twice a year, and may hold extraordinary meetings as necessary.

(2) The Committee shall prepare and keep minutes, and shall record and keep all matters deliberated by the Committee, and shall immediately relevant data at the request of the head of a Si/Gun.