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(영문) 부산고등법원 2015.07.09 2014나53080
총회결의무효확인
Text

1. Revocation of a judgment of the first instance;

2. All lawsuits of plaintiffs A, B, C, E, and F shall be dismissed.

3. The plaintiff D's claim.

Reasons

1. Facts of recognition;

A. The defendant is a housing redevelopment project partnership established on December 5, 2005 under the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 8785, Dec. 21, 2007; hereinafter the "former Act"), and the plaintiffs are land owners in the above project implementation district.

The progress of the project of the defendant's association is as follows:

Details of the date of authorization for the establishment of the association on December 5, 2005, 2007 project implementation on February 22, 2007 to April 21, 2007, or on April 21, 2007, an appraisal on April 30, 2007 to May 7, 2007 to May 26, 2007, respectively, for the period of application for parcelling-out from May 11, 2007 to October 15, 2007, respectively, for the pre-existing land and buildings assessment on October 25, 2007.

(b) During the period of application for parcelling-out, Plaintiff D applied for parcelling-out, and Plaintiff A, B, E (P at the time of the application for parcelling-out), and F withdrawn the application for parcelling-out around November 2007, which was after the management and disposal general meeting was held, and Plaintiff C did not apply for parcelling-out within the period of application for parcelling-out.

The defendant provided that Article 46 of the former Urban Improvement Act provides that the project implementer shall notify the landowners of the outlined details of the charges and the period for application for parcelling-out within 21 days from the date of public announcement of the project implementation authorization.

After that, in consideration of the fact that there is a considerable time to calculate the previous value of assets, 21 days was amended by Act No. 9444 on February 6, 2009 as 60 days.

The notice is sent, and the sale price shall be calculated through the evaluation of the last asset through the evaluation of the last asset and the management and disposal plan shall be formulated.

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