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(영문) 대구고등법원 2019.02.14 2018나22528
임시총회결의무효확인
Text

1. Revocation of a judgment of the first instance;

2. All of the instant lawsuits are dismissed.

3. The total cost of a lawsuit shall be borne individually by each party.

Reasons

1. Basic facts

A. On September 22, 2008, the Daegu Metropolitan City Mayor (Seoul Metropolitan City Mayor) designated the area of 80,986 square meters as the "J District Housing Redevelopment Improvement Zone" and publicly announced the topographical map (Public Notice BA of Daegu Metropolitan City).

B. On November 8, 2008, the J District Housing Redevelopment Improvement Project Promotion Committee held an inaugural general meeting to establish the Defendant, and submitted supplementary documents, such as a list of union members and a general list of consent on December 12, 2008, to the head of the Daegu Metropolitan City south-gu Seoul Metropolitan City on December 12, 2008.

In accordance with Article 16 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 10268, Apr. 15, 2010; hereinafter referred to as the "former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents") and Article 16 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 10268, Apr. 15, 2010; hereinafter referred to as the "former Act on the Maintenance and Improvement of Urban Areas"), on February 27, 2009,

The defendant is a housing redevelopment project partnership which completed the establishment registration on March 17, 2009 according to the above establishment authorization, and the plaintiffs are the members of the defendant.

C. Of 562 members, the Defendant requested from 146 members of the 562 members to hold an extraordinary general meeting aimed at appointing the Defendant’s executive officers (the head of the partnership, the auditor, the director), and the representatives (hereinafter collectively referred to as “executive officers, etc.”) and constituted BB of the Election Commission (B, BC, and BD).

On September 30, 2015, the Defendant, as indicated in the following notice, restricted the qualification of the candidate as a member who consented to the establishment of the Defendant, while making a registration publication of the candidate to elect executives, etc. (No. 5, hereinafter “instant public announcement”).

The J District Housing Redevelopment and Improvement Project Association's articles of association, Articles 14, 16, 20, and 23 of the Housing Redevelopment and Improvement Project Association's articles of association, and regulations on election management, etc.

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