logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2018.07.12 2018구합2198
관리처분계획결의무효등
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Details of the disposition;

A. The Defendant is the Housing Reconstruction Project Association approved on December 29, 2008 for the purpose of implementing a housing reconstruction improvement project (hereinafter “instant rearrangement project”) on a scale of 89,150 square meters in Seo-gu Seoul Special Metropolitan City E-gu, Chungcheongnam-gu, Chungcheongnam-gu, and the Plaintiffs are the Defendant’s members.

B. On December 28, 2017, the Defendant: (a) held an extraordinary general meeting (hereinafter “instant general meeting”); (b) 259 of the total number of members 475, 259 decided to establish a management and disposition plan (hereinafter “instant management and disposition plan”); (c) 401,93,000,000 won under the instant management and disposition plan, by exercising voting rights; and (d) 401,93,000,000 won.

C. On February 9, 2018, the Cheongju Mayor approved and publicly notified the instant management and disposal plan.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 4 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the management and disposal plan of this case is legitimate

A. The Plaintiffs’ assertion 1) The former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”).

Article 24(7) of the rearrangement project cost is 10/100 (excluding the portion of producer price inflation and the amount of cash settlement under Article 47 of the same Act) of the rearrangement project cost.

(2) However, even though the rearrangement project cost of the instant rearrangement project has increased by at least 10/100 for the following reasons, it did not obtain the consent of at least 2/3 of the members when the instant general assembly resolves to formulate the instant management and disposal plan.

In other words, the instant management and disposition plan is null and void due to a serious defect that failed to meet the quorum, and even if it cannot be seen null and void, it constitutes a ground for revocation. The instant management and disposition plan’s KRW 401,93,00,000 as the rearrangement project cost of the instant management and disposition plan’s KRW 401,93,000,000

arrow