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(영문) 서울북부지방법원 2019.01.24 2017가합1367
대의원결의무효확인
Text

1. A resolution of the settlement of total costs of redevelopment projects and liquidation members shall be adopted among the resolutions made by the council of representatives on May 25, 2013 by the Defendant.

Reasons

Basic Facts

On January 5, 2006, the Defendant is the Housing Redevelopment and Improvement Project Association which was authorized by the head of Gangnam-gu Seoul Metropolitan Government on January 5, 2006, and the Plaintiff (the appointed party; hereinafter referred to as the “Plaintiff”) and the appointed party D are the members of the Defendant.

On May 25, 2013, the Defendant passed a resolution on the settlement of total redevelopment project costs (hereinafter referred to as “resolution on the agenda set forth in subparagraph 1”) at the board of representatives (hereinafter referred to as the “board of Representatives”) and a resolution on the agenda consisting of the dissolution of an association and the dissolution of one president E as liquidation members (hereinafter referred to as “resolution on the agenda set forth in subparagraph 2”), and completed the registration of dissolution on June 7, 2013.

On June 7, 2013, E was registered as liquidator at the time of dissolution registration, and the registration of directors for existing directors was cancelled.

The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Act"), the Enforcement Decree of the same Act and the articles of incorporation of the defendant are as shown in the

[Ground of recognition] A without any dispute, Gap Nos. 1, 2 (including a branch number, if a branch number is included; hereinafter the same shall apply), Eul Nos. 3, 5, and 9, and the purport of the whole pleadings, and the plaintiff's argument as to the whole, the resolution of the board of representatives on May 25, 2013 is null and void.

At the time of the defendant's inaugural general meeting, 90 representatives have been decided, and at the time of the resolution of the representatives' meeting of this case, 8 representatives shall be the total number of 88 persons, which falls short of the prescribed number of members at

The resolution for the dissolution of the association of the board of representatives of this case was made without completion of the business due to remaining three commercial buildings unsold in lots.

According to Article 24 (3) (11) and (4) of the Urban Improvement Act, the accounting report at the time of the resolution for the dissolution of the partnership is a matter of resolution at the general meeting.

However, the defendant made a resolution on the dissolution of the partnership and the accounting report at the board of representatives, and the head of the defendant association made the accounting report at the board of representatives' meeting on November 30, 2012, the sales remaining amount of 1.434,119,000 won of the sales of the rental apartment on November 30, 201, and the F high school site remaining amount of 3.34,380

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