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(영문) 창원지방법원 2017.09.19 2017구합50728
사업시행인가 등 무효확인의 소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. C Housing redevelopment and rearrangement project partnership (hereinafter “instant partnership”) is a partnership established for the purpose of promoting a housing redevelopment project in the area of 5,224.60 square meters (hereinafter “maintenance zone”) in Changwon-si, Changwon-si. The Plaintiffs are owners of land, etc. in the rearrangement zone.

B. On May 30, 2015, the instant cooperative held a general meeting of shareholders (hereinafter “instant general meeting”) on the “case of approval of the project implementation plan”, which is the agenda item of subparagraph 6, at the meeting of 327 members (including 76 members directly present at the meeting (including 76 members directly present at the meeting after submitting a written resolution) from among the total 444 members, and declared that 316 (i.e. 327 - 6 members opposite to 327 - 5 members null and void of the voting right) was resolved with the consent of 2/3 or more of the members.

(hereinafter “instant resolution”). D.

On December 8, 2015, the defendant approved the project implementation plan of the association of this case (hereinafter referred to as the "project implementation plan of this case") and publicly announced as E in Changwon-si on the same day.

E. On the other hand, on November 25, 2016, the Defendant approved the instant management and disposition plan of the instant association (hereinafter “instant management and disposition plan”), and publicly notified as F of the Changwon-si Public Notice on the same day.

[Ground of recognition] Facts without dispute, Gap evidence 1-1-3, Gap evidence 2-3 (including each number), the purport of the whole pleadings

2. The attachment to the relevant Acts and subordinate statutes shall be as specified;

3. Whether the project execution plan and management and disposal plan in this case are invalid

A. The key issue of the instant case is whether the instant project implementation plan and the management and disposal plan are null and void, on the premise of the existence of significant and apparent defects that failed to satisfy the quorum for resolution of the instant case.

B. The Plaintiff asserted that all existing arguments were withdrawn on the date of the second pleading, and arranged the following arguments.

The association of this case shall pay a written resolution to its members and regular general meeting of the association.

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