logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2018.11.08 2017가합210055
손해배상(기)
Text

1. Defendant F Area Housing Association promotion committee, and Defendant I Co., Ltd. shall jointly request the Plaintiffs to each Plaintiff.

Reasons

1. Basic facts

A. Pursuant to Article 32 of the former Housing Act (amended by Act No. 13435, Jul. 24, 2015; Act No. 13805, Jan. 19, 2016; hereinafter the same shall apply), a committee for promotion of a regional housing association (hereinafter referred to as “former committee for promotion”) is an organization organized to promote the establishment, etc. of a regional housing association that implements a project of constructing an apartment (hereinafter referred to as “instant project site”) on a housing site in Daegu-gu, Daegu-gu, Seoul, with a size of 21,624 square meters, and approximately 20,175 square meters of business size (hereinafter referred to as “instant project site”), and the chairperson who is its representative is the Defendant G.

Meanwhile, Defendant F District Housing Association Promotion Committee (hereinafter “Defendant Promotion Committee”) was established on November 10, 2015 by holding an inaugural general meeting. On December 22, 2015, Defendant F District Housing Association applied for authorization to establish a regional housing association to the head of Daegu-gu Seoul Metropolitan City on December 22, 2015, but did not submit supplementary documents even after being notified of supplementary matters on August 11, 2016.

Article 1 of the Addenda to the bylaws of the association established at the above general meeting of the defendant promotion committee provides that the acts performed by the former promotion committee concerning the establishment of the association and the implementation of the association prior to the date of authorization for establishment.

In addition, the general meeting of the above general meeting also made a resolution of ratification on all the duties performed by the former promotion committee.

In light of the bylaws of the association established by the inaugural general meeting as above and the composition of its executives, etc., the defendant's promotion committee did not obtain authorization for the establishment of a housing association under the Housing Act, and its substance appears to be a regional housing association.

However, both the Plaintiffs and the Defendants still use the name “F Area Housing Association Promotion Committee” despite their substance.

On the other hand, the former promotion committee established by the defendant promotion committee, but the defendant promotion committee was established by the former promotion committee.

arrow