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(영문) 춘천지방법원 2011.12.14 2010가합439

임시총회결의무효확인

Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The defendant union was established for reconstruction improvement project with T as a project implementation district (hereinafter "the defendant union") on May 19, 2003 and completed the registration of incorporation pursuant to the former Housing Construction Promotion Act (amended by Act No. 6841, Dec. 30, 2002; hereinafter "former Housing Promotion Act") on July 30, 2003 after obtaining authorization for the establishment of a reconstruction association under the former Housing Construction Promotion Act (amended by Act No. 6841, Dec. 30, 2002; hereinafter "former Urban Improvement Act"). The plaintiffs are the members of the defendant union.

B. On April 26, 2003, the Defendant Union opened an inaugural general meeting and made a rebuilding resolution in order to promote reconstruction, and at the time, the main contents of the “written consent for reconstruction” sent by the Defendant Union to sectional owners for the resolution for reconstruction are as follows.

The construction outline (building-to-land ratio: 17.69%, floor area ratio 249.72%, including neighborhood living facilities): 31,961m2, exclusion area: 636.11m2, and area for application: 31,324.89m2: 111,03m2: 12,031m2: 12 Dong (16-18m2, underground 16-18m2, incidental facilities) (24m2, 32m2 and 596m2): 769m2, total expenses for removal of buildings and new construction (to-be attached attached attached to an inaugural general meeting): 9,125.8m2 x 100,000m2 x 31,961m2,000,000 of total floor area of the existing building x 333,587m27,767m257).

It is recognized that more than the matters concerning the ownership of the ownership of the newly constructed building (attached to the minutes of the inaugural general meeting) may be changed according to district unit planning, various deliberations, approval of a project plan, etc., and this resolution may be used for the purpose of applying for authorization for

(c) in addition;