(영문) 서울행정법원 2017.08.31 2016구합70864

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(영문) 서울행정법원 2017.08.31 2016구합70864

총회결의무효확인

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1. All lawsuits filed by the plaintiff A and B shall be dismissed.

2. The plaintiff C's primary and conjunctive claims are all dismissed.

3...

Reasons

1. Basic facts

A. The Defendant is an association that obtained authorization for the establishment on June 5, 2009, and authorization for the implementation of the project for the redevelopment of D houses on November 6, 2014, and the Plaintiffs are the owners of the land or buildings incorporated within the said project zone.

B. On July 8, 2016, after public announcement of the application for parcelling-out and the management and disposal plan was made, the Defendant held a general meeting (general meeting to formulate a management and disposal plan) on July 8, 2016, and passed a resolution on the total nine agenda including the “case of the resolution on the management and disposal plan” (hereinafter “instant general meeting resolution”) as follows on the premise that 17 members of the total number of 217 members were present (person directly present). The head of Nowon-gu in Seoul Special Metropolitan City approved and publicly announced the management and disposal plan formulated as above on November 17, 2016 (hereinafter “instant management and disposal plan”).

The title of agenda items 2 / opposing / rout of the title of agenda items 2, 2016, 85,810,661,00 won (the other party to the contract for the removal of a building) and 5,808,00,000 won for the removal of a building (the other party to the contract for the removal of a building) are composed of separate items; 3 cooperative selection and ratification of the conclusion of the contract with the removed company 165/8/3 and 2; 164/7/5 of the draft contract for the main contract for the construction of the 2016, and the construction cost for the construction of the building facilities 85,810,61,000 (the other party to the contract for the removal of a building) and the construction cost for the removal of a building 5,808,000 won (the other party to the contract for the removal of a building) are included in separate items ; 65/25,000 of the general contract for the removal of a building.

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