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(영문) 의정부지방법원고양지원 2015.07.01 2014가합53769
조합총회결의무효확인
Text

1. All of the plaintiffs' lawsuits of this case are dismissed.

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

Reasons

1. Basic facts

A. On April 12, 2012, the Defendant is a housing redevelopment improvement project partnership established with approval for establishment of a high-sea market pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of implementing a housing redevelopment improvement project with the area of project district of 405-8 and 62,008 square meters of Seongdong-gu, Gyeyang-gu, Seoyang-gu and 206 square meters of land as the project district. The Plaintiffs are the members of the Defendant

B. On June 23, 2012, the Defendant: (a) held an extraordinary general meeting of union members (hereinafter “instant general meeting”); (b) held a special meeting of union members (hereinafter “instant general meeting”); and (c) designated both creative technology Co., Ltd. (hereinafter “YY”) as a Si/Gunn Construction Co., Ltd. (hereinafter “YY”) as an obstacle removal company; and (d) resolved to pass a resolution on all remaining agenda items, in order to deliberate on the agenda items, such as the selection of a contractor (the agenda item No. 1); (b) delegated the board of representatives (the agenda item No. 2); and (b) delegated the board of representatives (the agenda item No. 4); and (c) delegated the board of representatives to conclude a contract with a removal company of obstacles.

C. On August 13, 2012, following a resolution of the board of representatives, the Defendant entered into a contract for the removal of obstacles with the Yang Chang-gu Co., Ltd., and on September 25, 2012, a contract for the construction of a lot and a contract for construction work respectively.

The plaintiffs raised an objection to the above contract process and procedure, and the defendant held an extraordinary general meeting of members on August 31, 2014 and voted on the agenda of each of the items to be ratified by the contract for the removal of obstacles to both creative and construction works and the contract for construction works with the lot construction division. As a result, each of the above ratification items was resolved with the affirmative votes 438, dissenting votes 3, flag rights, and invalid 17 marks.

[Reasons for Recognition] Facts without dispute, Gap evidence 2, Eul evidence 1, Eul evidence 1, 3, 5 through 11 (including branch numbers), the purport of the whole pleadings

2. Determination as to the legitimacy of the instant lawsuit

A. The plaintiffs' claim details are as follows.

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