logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2017.08.09 2017고정671
도시및주거환경정비법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in the budget, no executive officer of a cooperative shall implement a project arbitrarily for a contract that becomes a partner without a resolution of the general meeting.

Nevertheless, on October 2, 2015, the Defendant entered into a contract for appointment of a counsel with the amount of KRW 6 million for the commencement of duties and KRW 10 million for the contingent fees, and arbitrarily implemented the contract that will become a burden on the union members in addition to the matters stipulated in the budget, with respect to the application for provisional disposition of execution of duties for eight executive officers of the Defendant and the partnership (2015 Kahap850), the head of the partnership of the E Housing Redevelopment Project (2015 Kahap), the head of the partnership, and the head of the partnership (2015 Kahap), without prior resolution of the general meeting.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to F;

1. Determination on the assertion of the case acceptance proposal, the public notice of convening the board of directors meeting (i.e., September 14, 2015), the power of attorney (D), the copy of the passbook (transfer details) and the defendant and defense counsel

1. The Defendant and his defense counsel’s defense counsel’s appointment contract (hereinafter “instant contract”) entered into prior to the special meeting, but agreed to pay the amount after going through the resolution of the general meeting of the association at the time of the conclusion of the instant contract. Since the instant contract and its expenditure were determined and decided at the special meeting and the council of the representative with total amount of KRW 30,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00

I argue that it cannot be seen.

2. Determination

A. According to Articles 24(3)5, 25(2), and 85 subparag. 5 of the Act, and Article 35 subparag. 1 of the Enforcement Decree of the Act, “a contract that becomes a partner’s burden, other than the matters determined by the budget,” of the relevant legal doctrine, shall undergo a resolution of a general meeting, and shall undergo a resolution of a general meeting.

arrow