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(영문) 서울행정법원 2016.09.02 2016구합1936

조합설립인가취소

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of the lawsuit shall include costs resulting from the participation.

Reasons

1. Details of the disposition;

A. On September 28, 2012, the C Housing Redevelopment Improvement Project Promotion Committee was established for the Housing Redevelopment Improvement Project in Eunpyeong-gu Seoul Metropolitan Government, and on August 28, 2015, on August 28, 2015, a muster notice was issued to the owners of lands, etc. in the said project area to hold a resident general meeting and an inaugural general meeting of the association for the resolution of the following nine agenda items:

The agenda referred to in subparagraph 1: The agenda referred to in subparagraph 2 of the approval of the articles of association (draft): the agenda referred to in subparagraph 4 of the approval of the implementation plan for the rearrangement project (draft): The agenda referred to in subparagraph 5 of the approval of the budget for the operation expenses of the association: The agenda referred to in subparagraph 6 of the approval of the budget for the rearrangement project expenses and the use of the association: The loan of funds and the method thereof, interest rate, and the agenda referred to in subparagraph 7 of the approval of the method of repayment: The agenda referred to in subparagraph 8 of the delegation of the representatives' meeting subject to the resolution of the general meeting: the case of the appointment of representatives

B. On September 14, 2015, an auditor E of the Establishment Promotion Committee filed an application for provisional disposition prohibiting a resolution at an inaugural general meeting of a cooperative with the assertion that the resolution for election of partnership officers and representatives becomes null and void since the written resolution distributed by the Establishment Promotion Committee to the owners of lands, etc. was not affixed with the official seal of the chairperson of the Election Management Committee (Seoul Western District Court 2015Kahap50446), and the Seoul Western District Court dismissed the application for provisional disposition on the following grounds.

① The purport of the regulations on the election management of an association establishment promotion committee that only stipulates that the ballot papers on which the official seal of the chairman of the election management committee is affixed are valid is to confirm that the ballot papers are legitimately delivered by the election management committee and to prevent the forgery or alteration thereof. Although the official seal of the chairman of the election management committee is not affixed to the written resolution distributed by the committee for the establishment of an association to its members, the technical measures to prevent the forgery or alteration thereof (where the ballot papers were reproduced by intention, it is not printed out).