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(영문) 대구고등법원 2015.04.17 2014누6679
환지계획인가처분 무효
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

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

Reasons

1. Basic facts

A. The instant association is a project implementer for an urban development project implemented by the replotting method from the Gu, Si, Gu, and Si (hereinafter “instant project”), and the Plaintiffs are the land owners located in the said project site, and are the instant association members.

B. On March 26, 2006, the committee for the promotion of the establishment of the instant association (H) held an inaugural general meeting, and deliberated and resolved on the articles of association of the association, and elected H as the president of the association, and appointed 9 directors (I, J, K, L, L, M, N,O, P, Q), three auditors (R, S, T), 30 representatives including the said nine directors (U, V, W, X, X, Y, Z, AB, AAB, AC, AD, AE, AE, AF, AF, AF, AH, AJ, AJ, AL, AM, N, and AO), respectively.

Article 13 (Officers and Organizations) (1) The Association shall have officers as follows:

1. The president of a cooperative: One person;

2. Directors: Not more than nine persons;

3. Auditor: Three persons. (2) The executive officers shall be appointed at a general meeting from among members.

(4) Representatives and members of the Land Appraisal Council: 30 persons (Prohibition of Holding Concurrent Offices as Representatives and Members of the Land Appraisal Council) Article 17 (Prohibition of Holding Concurrent Offices) (2) Directors and auditors may hold concurrent offices as representatives.

Article 19 (Matters to be Resolved by General Meeting) The following matters under Article 35 of the Enforcement Decree of the Urban Development Act shall be resolved at a general meeting:

9. An association shall have a board of representatives to act on behalf of the general meeting under Article 36 of the Enforcement Decree of the Act, in appointing the officers of the association;

(2) The board of representatives shall be comprised of representatives, and the prescribed number of representatives shall be at least ten-thirds of the total number of members.

(3) The terms of office for representatives shall be three years, and the provisions of Article 14 shall apply mutatis mutandis thereto.

Article 24 (Land Appraisal Council) (1) Any land appraisal council shall deliberate on the matters falling under any of the following subparagraphs with respect to the land appraisal within any urban development zone:

1. Land assessment for formulating a land substitution plan;

2. Land evaluation necessary for data on determination of liquidation balance, etc.

3. Land evaluation for determining liquidation money for non-land substitution;

4. Deliberation on a land substitution plan;

5. Other businesses.

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