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(영문) 서울서부지방법원 2018.10.11 2018가합985
총회결의무효
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 a cooperative that obtained authorization from the head of Seodaemun-gu Seoul Metropolitan Government pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on March 27, 2009 for the purpose of implementing a housing redevelopment improvement project (hereinafter “instant project”) using the Seodaemun-gu Seoul Metropolitan Government 119,881 square meters as a project implementation district.

The plaintiff is the defendant's member.

B. On May 23, 2006, the head of the cooperative before the Defendant was established filed an application with the head of Seodaemun-gu Seoul Metropolitan Government (hereinafter “head of Seodaemun-gu”) for approval for the establishment of the Association for D Housing Redevelopment Improvement Project (hereinafter “instant Promotion Committee”) with the head of Seodaemun-gu Seoul Metropolitan Government (hereinafter “head of Seodaemun-gu”) as an area scheduled to implement the instant project, and received the said approval for establishment from the head of Seodaemun-gu on July 14, 2006.

C. On July 26, 2006, the instant promotion committee made a public announcement of bid participation to select a work executor for the joint implementation of the instant project, and held the site site conference on the 27th of the same month. On August 17, 2006, the committee held a residents’ general meeting to select a work executor for the implementation of the joint project, and made a resolution to select the F Co., Ltd. and G Co., Ltd. (hereinafter “F, etc.”) as the joint project executor and the contractor (hereinafter “the instant first selection resolution”).

As the Mayor of Seodaemun-gu Seoul Metropolitan Government (Seoul Metropolitan Government public notice of February 5, 2008) designates the area of 119,881 square meters in Seo-gu Seoul Metropolitan Government as a BB financing promotion area, the promotion committee of this case has been expanded from 75,000 square meters to 119,881 square meters in the previous 75,000 square meters, and the promotion committee of this case has obtained the consent of 186 owners of land, etc. in the 349 additionally expanded improvement zone, and changed the name of the promotion committee to the “BBBBB Housing Redevelopment Promotion Committee” as the head of Seodaemun-gu on February 29, 2008.

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