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(영문) 수원지방법원평택지원 2016.06.22 2015가합8645
총회결의무효 등 확인
Text

1. Resolution 2. List (1) dated May 29, 2014 issued by the Defendant at the 11th conference of delegates, as well as March 20, 2015.

Reasons

1. Basic facts

A. In order to implement an urban development project for replotting (hereinafter “instant project”) for Pyeongtaek-si B, Ilwon 844,010 square meters (hereinafter “instant project”), the Defendant is a cooperative consisting of landowners in the said project area, with authorization to establish an association from the head of Pyeongtaek-si around 201, and the same year after obtaining authorization to establish an association from the head of Pyeongtaek-si around 201.

7. On 28. 28. The head of Pyeongtaek-si was designated as the project implementer of the instant project pursuant to Article 11(1)6 of the Urban Development Act.

The Plaintiffs are the Defendant’s members who own land in the development zone.

B. 1) The Defendant’s resolution to convert the loan into a loan is a member’s promotion committee level under the condition that 600% dividend is paid to cover the project cost in around 2003, which had been the promotion committee prior to authorization for establishment of the partnership, and thus, is not a member of the promotion committee but a member of the promotion committee. Accordingly, the Defendant’s promotion committee decided to receive the investment from the applicant. Accordingly, the Defendant’s promotion committee was invested by 57 members in total 620,360,000 won from the 57 members

(2) On June 30, 2009 and July 22, 2009, the principal of the investment was fully returned to the investors. (2) The Defendant passed a resolution on the agenda that “the board of directors held on December 12, 2011, which held on December 23, 2011, and the board of representatives held on December 23, 201, shall receive the investment in cash within the limit of 2 billion won from the partners to secure the project funds and the operating expenses of the association, but after authorization of a land substitution plan was granted, 300% including the principal of the investment where the amount of the investment is distributed within 2 years, and the dividend ratio is distributed to the partners who invested in the development recompense for development outlay, and the amount exceeding 100% per annum, and the amount exceeding 500% per annum shall not exceed 10% per annum.”

hereinafter referred to as "resolution of investment by a partner"

(2) The Defendant, according to a resolution on investment made by partners, shall consist of 25 members from February 23, 2012 to March 30, 2012.3 billion won.

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