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(영문) 광주고등법원 2019.08.23 2018나26498
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning for this part of the underlying facts is as follows, and this part of the reasoning of the judgment of the court of first instance is the same as that of the corresponding part of the judgment of the court of first instance, except where the facts are written or added as follows.

On the second part of the judgment of the first instance, the part 14-16 of the first instance court concluded an agreement to receive the instant project site as security and the fee (hereinafter “instant agreement”) (hereinafter “instant agreement”), and thereafter, the Plaintiff succeeded to the status of the contracting parties to the instant agreement with the authorization of establishment around October 2013.” (hereinafter “instant agreement agreement”). The Plaintiff concluded an agreement to receive the instant project site as security and the fee from the above promotion level (hereinafter “instant agreement”). The Plaintiff was authorized for the establishment of October 21, 2013 following the agreement.

The following shall be added to Chapter 7 of the first instance judgment.

(g) the relevant provisions are as follows:

Plaintiff

Article 23 (Matters to be Resolved by General Meeting) (1) The following matters shall be determined through a resolution of the general meeting:

2. Borrowing of funds, method of such borrowing, interest rate, and method of repayment;

7. Article 32 (Establishment, etc. of Housing Association) 1 of the former Housing Act (amended by Act No. 12646, May 21, 2014; hereinafter referred to as the “former Housing Act”) (1) Where many constituent members intend to establish a housing association to prepare or remodel a house (excluding the cases of workplace housing associations under paragraph (3)), they shall obtain authorization from the head of the competent Si/Gun/Gu.

The same shall also apply where it is intended to change the authorized contents or dissolve a housing association.

Article 37 (Authorization, etc. for Establishment of Housing Association) (1) of the former Enforcement Decree of the Housing Act (amended by Presidential Decree No. 25381, Jun. 11, 2014; hereinafter “former Enforcement Decree of the Housing Act”) (1) Pursuant to Article 32 (1) of the Act, authorization for establishment, alteration, or dissolution of a housing association shall be granted.

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