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(영문) 의정부지방법원 2018.11.13 2017구합14576
관리처분계획(변경) 인가처분 취소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

Details of the disposition

An intervenor is a housing reconstruction and maintenance project partnership under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) which has obtained authorization to establish an association from the defendant in order to implement the E-Housing Reconstruction Project (hereinafter “instant project”) on the area of 60,045 square meters in Nam-si, Namyang-si, Yangyang-si, and the plaintiffs are members of the intervenor, who were expelled at the general meeting of shareholders on July 30, 2017.

On July 30, 2017, an intervenor held an ordinary general meeting to amend a management and disposition plan (hereinafter referred to as “instant general meeting”) and resolved to amend a management and disposition plan (hereinafter referred to as “instant management and disposition plan”). On September 20, 2017, the Defendant approved and publicly notified the management and disposition plan to the F Public Notice in the Southern-si.

(2) The court below held on June 27, 201 and decided on the amendment of the management and disposition plan of this case to the general meeting of this case to the 93 representative representatives, who did not have any significant and obvious procedural defects in the resolution of amendment to the management and disposition plan of this case to the 1,3, 5, 6, 15, 16, and 2, 2, 5, and 6, and the purport of the whole argument of the plaintiffs as to the purport of the purport of the whole arguments by the plaintiffs, the intervenor held a board of representatives on June 27, 2017, and decided on the amendment of the management and disposition plan of this case to the 93 representative representatives who did not have any authority to convene the general meeting of this case. The plaintiff prevented some members of the plaintiffs, etc. from attending the general meeting of this case. The general meeting of this case was convened by the G director without authority to convene the general meeting of this case, and it was unlawful for the modification of the management and disposition plan of this case to the effect.

The Intervenor reduced the total project cost by intentionally omitting the sales agency fees, advertising advertising expenses, etc. necessary for the instant project, and notified the members of the instant management and disposition plan to pass a resolution on the amendment of the instant management and disposition plan.

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