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(영문) 부산지방법원 2016.07.15 2015구합23855
총회결의무효확인
Text

1. The part of the lawsuit in this case seeking confirmation of the status of the buyer shall be dismissed.

2. The plaintiff's primary claim and its main claim.

Reasons

1. Details of the disposition;

A. On March 3, 2010, the Defendant is a housing redevelopment project partnership established with the approval of establishment from the head of the Busan Metropolitan Government Shipping Authority to implement a housing redevelopment project with the Busan Metropolitan City Do Do Do Do Do D as the project implementation district. The Plaintiff is a member of the Defendant, who owns the land and buildings located in the instant project zone and owned the land and buildings located in Busan Metropolitan Do Da 465 square meters and above ground buildings (hereinafter referred to as “Plaintiffs real estate”).

B. The Defendant obtained approval of the project implementation plan from the head of the Busan Metropolitan Government Shipping Government on May 7, 2012 and approval of the project implementation plan on October 25, 2012 from the members of the Association from November 5, 2012 to December 18, 2012 after obtaining approval of the project implementation plan. The Plaintiff filed an application for parcelling-out with the Plaintiff for parcelling-out from the members during the period for filing the application for parcelling-out. The Plaintiff filed an application for parcelling-out with the Plaintiff for parcelling-out as to the site “A” (hereinafter “instant site”).

C. On May 25, 2013, the Defendant formulated a management and disposal plan based on the current status of application for parcelling-out by partners and obtained authorization from the head of the Busan Metropolitan City Maritime Authority on June 28, 2013. The above-authorized management and disposal plan (hereinafter “previous management and disposal plan”) is the buyer of the instant land.

On August 20, 2014, the Defendant issued a peremptory notice to the Plaintiff that “The Plaintiff’s application for parcelling-out is against Article 24 of the Busan Metropolitan City Ordinance on the Maintenance of Urban and Residential Environments (hereinafter “Ordinance”) and the guidance for application for parcelling-out, and thus, revoked the parcelling-out.”

E. Accordingly, the Plaintiff filed a lawsuit against the Defendant for the confirmation of the right to parcel out, which is the court 2014Guhap22022, and this court is legitimate, such as the resolution of the general meeting of the union members on the amendment of the management and disposition plan, and the authorization of the competent authority, as the deprivation of the status of a buyer on June 11, 2015 significantly affects the rights of the union members.

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