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(영문) 서울고등법원 2018.04.12 2017나2039946
채권자대위소송
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The establishment of the land subdivision rearrangement association and the status of the Defendants, etc. 1) A and B land subdivision rearrangement association (hereinafter “instant association”).

(C) The land readjustment project (hereinafter “instant project”) for the land of 898,980 square meters in the land of 544 square meters and C in the case of the permanent residence of the Gyeongbuk-do.

For this purpose, Article 2 of the Addenda of the former Land Readjustment Project Act [Article 2 of the Addenda (Transitional Measures concerning the Former Project) repealed by Act No. 6252, Jan. 28, 2000 (Enforcement July 1, 2000)] provides that the land readjustment project determined by urban planning prior to the abolition of the project in this case shall be governed by the provisions of the previous Land Readjustment Project Act.

(2) The Defendants are landowners within the project execution district of this case and are members of the association of this case. The Defendants are landowners within the project execution district of this case.

B. The progress of the instant project and the instant association completed construction for the instant project on November 3, 200 after obtaining the authorization of a replotting plan for the instant project and after obtaining the authorization of a project implementation (revision) on December 3, 2008. The association determined the size of the right, which deducts the burden of public land and the area secured by the recompense for development outlay from the standard area determined under Article 27 of the articles of association of the instant association, and applied for the authorization of a replotting plan alteration to the Gyeongbuk-do Office via permanent viewing on December 24, 2009. After completion of a replotting plan, the instant project is virtually terminated.

C. The main provisions regarding this case in the old Land Readjustment Project Act and the articles of association of the association of this case are as follows.

◆ 구 토지구획정리사업법 제21조(조합원) 조합의 시행지구안의 토지소유자는 조합원이 된다.

Article 25 (General Meeting) (1) A cooperative shall hold a general meeting.

(2) A general meeting shall be comprised of members.

Article 26 (Matters to be Resolved by General Meeting)

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