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(영문) 의정부지방법원 2015.06.09 2014구합453
총회결의무효확인
Text

1. The part on the claim for nullification of the project implementation plan (revision) among the instant lawsuit and the part on the selected parties C are excluded.

Reasons

1. Basic facts

A. The Defendant is a housing redevelopment and rearrangement project partnership under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) which obtained an authorization to establish an association from the Gu Ri mayor on August 10, 2007 in order to implement a housing redevelopment and rearrangement project (hereinafter “instant project”) with a housing redevelopment and rearrangement project district of 31,650 square meters in Guri-si, Guri-si. The Plaintiff (Appointed Party; hereinafter “Plaintiff”) and the designated parties are the persons who own the land in the housing redevelopment and rearrangement district.

B. On June 22, 2007, the Defendant Cooperative Establishment Promotion Committee held an inaugural general meeting to establish an association and obtained authorization for the implementation of the project on February 11, 2008, based on the following: (a) the total floor area was 74,723.87m2, the building-to-land ratio was 16.06m2, the volume ratio was 225.90%, the number of households was 25.90%, the number of households was 25-2m2, the number of households was 488 generation on the ground, the total project cost was 127,820,000,000 won.

C. On April 7, 2010, the Defendant: (a) held a general meeting on April 7, 2010 to increase the profitability of the housing redevelopment project and minimize the cooperative members’ contributions; (b) obtained the consent of 195 members among 300 members; (c) the total floor area was 76,193.381 square meters; (d) the building-to-land ratio was 15.30%; (e) the volume ratio was 29.52%; (e) the number of households was 29.52%; (e) the number of households was 15 to 22 stories underground; and (e) the total project cost was changed to 101,574,000,000 won (hereinafter “the second project implementation plan”); and (e) approved the application on April 23, 2010.

On October 15, 2012, the defendant applied for the revision of the improvement plan and notified the old market of the improvement plan that changed the number of households to 639 on December 14, 2012.

The maintenance plan publicly notified on December 14, 2012 is the maintenance plan in December 14, 2012.

The contents of the improvement plan were 18% of the building-to-land ratio, 236.33% of the volume of the building, 25 floors of the highest number of floors, and 639 households.

(e).

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