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(영문) 서울북부지방법원 2016.12.22 2016가합23704
임시주민총회결의 무효확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The defendant is entitled to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

) B (Seoul, Seongbuk-gu, and 479 square meters of the total area of 47,050 square meters, designated as a rearrangement zone by the project zone, shall be the project implementation district.

hereinafter referred to as “B” only

2) The Plaintiff is the owner under subparagraph (a) of the underground floor of Seongbuk-gu Seoul E building, a project implementation district of B, in order to establish a housing redevelopment project association.

(A) Article 2 subparagraph 9 (a) of the Urban Improvement Act provides that for a housing redevelopment project, the owners or persons with superficies of the land or buildings located in the rearrangement zone shall be referred to as "owners of land, etc." (hereinafter referred to as "owners of land, etc." of B).

C’s request 1) At the time when the Defendant was organized, F, who was the chairman of the Promotion Committee, resigned on August 20, 2014, was appointed on behalf of the chairman of the Promotion Committee on March 4, 2016. 2) At the time of January 2016, at least 1/5 of the owners of lands, etc., including C, were the highest extension of the members of the Defendant’s promotion committee, demanded H to convene a temporary residents’ general meeting consisting of “the chairman of the Promotion Committee, the auditor, and the appointment of the promotion committee members” among the members of the Defendant’s promotion committee, and requested H to approve the temporary residents’ general meeting to handle the above agenda.

3) On February 3, 2016, the head of Seongbuk-gu Office sent a public letter to the head of Seongbuk-gu Office stating that “The Bill: the Chairperson of the Promotion Committee, the auditor, the promoters, and the date and time: 14:00 on March 30, 2016, and the place: 1) approve the opening of the residents’ general meeting, which is called “I” at least 1/5 of the owners of lands, etc. at the request of an addressee for convening the residents’ general meeting. C’s sending of the C’s newsletter and notice of the recruitment of election management members: Temporary: 2016-01 on February 18, 2016.”

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