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(영문) 서울행정법원 2017.02.10 2016구합64975
총회결의일부무효
Text

1. On March 25, 2016, the Plaintiffs are regarded as one person subject to parcelling-out, among the resolution of the general assembly regarding the management and disposal plan proposed by the Defendant.

Reasons

Basic Facts

The defendant is the Housing Redevelopment Development Project Association established with the approval of establishment from the head of Seodaemun-gu Seoul Metropolitan Government on April 29, 2008 to implement a housing redevelopment improvement project by making Seodaemun-gu Seoul Metropolitan Government D Ildae-gu 77,839.50 square meters (hereinafter referred to as "the rearrangement zone in this case") a rearrangement zone as an improvement zone.

E, on November 30, 207, after completing the registration of transfer of ownership based on sale and purchase with respect to subparagraph 401 of the F-based multi-household housing in the Seoul Western-gu Seoul Metropolitan Government in the instant improvement zone, E completed the registration of transfer of ownership based on sale and purchase to Plaintiff A on October 1, 201. G completed the registration of transfer of ownership based on sale and purchase with respect to the instant multi-household housing No. 301 (hereinafter “total of the instant multi-household housing and multi-household housing”) in the instant improvement zone on October 6, 201, after completing the registration of transfer of ownership based on sale and purchase with respect to the instant multi-household housing No. 301 (hereinafter “each of the instant multi-household housing and multi-household housing”) in the instant improvement zone.

The defendant has obtained approval of the project implementation plan from the head of Seodaemun-gu Seoul Metropolitan Government on June 24, 2009, and has formulated a management and disposal plan with the content that he/she receives the application for parcelling-out from the members and allocates E with 122 square-type apartments and G 84 square-type apartments, and has obtained approval from the head of Seodaemun-gu Seoul Metropolitan Government on June 22, 201

The defendant has obtained approval for the change of a project implementation plan from the head of Seodaemun-gu Seoul Metropolitan Government on January 2, 2014 and the same year from March 17, 2014.

4. Until April 25, 2016, the Plaintiffs received the application for parcelling-out again from the members, including E and G, and notified the Plaintiffs of the scheduled parcelling-out to be eligible for parcelling-out on the ground that the Plaintiffs constituted one household as of April 25, 2014, which is the base date of the management and disposition plan, and decided on the same management and disposition plan at the ordinary meeting held on March 25, 201

(hereinafter referred to as “the resolution of the general meeting of shareholders”) against the plaintiffs in the above contents of the resolution of the general meeting, on the other hand,

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