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(영문) 인천지방법원 2019.11.21 2019구합52212
관리처분계획취소
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. On May 17, 2010, the Defendant obtained authorization to establish an association from the head of Nam-gu Incheon Metropolitan City (hereinafter “Seoul-dong head of the Gu”) for the implementation of the Housing Redevelopment Improvement Project (hereinafter “instant project”), which is a project implementation district of Nam-gu Incheon Metropolitan City G, and obtained authorization for the implementation of the instant project from the South-dong head of the Nam-gu Office on December 11, 2017.

The plaintiffs are the owners of lands, etc. in the project implementation district and the members of the defendant applying for parcelling-out within the application period.

B. On September 7, 2018, the Defendant held an extraordinary general meeting (hereinafter “instant general meeting”) with the establishment, etc. of a management and disposal plan as an agenda item. Of 607 members, 540 members (including those who exercise voting rights in writing) appeared and resolved on the following nine agenda items (hereinafter “instant agenda”).

As a result of the resolution on the contents of the agenda number No. 2, the plan for the management and disposal of subparagraph 2 and the collection and payment of the liquidation money shall be resolved, and after obtaining approval from the head of South-dong head of the Gu for the management and disposal plan, the loan of the funds under subparagraph 3 of Article 514 and the method, interest rate, and the loan of the funds under subparagraph 3 of Article 516 with the consent of the purchaser for the collection and payment of the liquidation money from the purchaser, and the loan of the funds under subparagraph 3 of Article 514 and the method, interest rate, and repayment method: (Provided, That where the total project expenses are increased within the limit of 50% of the total project expenses due to the amendment, etc. of the management and disposal plan, it is possible to obtain an additional loan by the decision of the board of representatives without a separate general meeting resolution, within the maximum limit of "6.0% limit of the total project expenses".

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