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(영문) 서울고등법원 2017.09.15 2017나2001675
임시주민총회결의 무효확인
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The defendant is entitled to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

) B (Seoul, Seongbuk-gu, and 479 square meters of the total area of 47,050 square meters, designated as a rearrangement zone by the project zone, shall be the project implementation district.

hereinafter referred to as “B” only

(2) In order to establish a housing redevelopment project association, the Plaintiff is the owner under subparagraph (a) of the underground floor of the building E in Seongbuk-gu Seoul, Seoul, the project implementation district of which is located in B.

(A) Article 2 subparagraph 9 (a) of the Urban Improvement Act provides that for a housing redevelopment project, the owner or superficies of the land or building located in the rearrangement zone shall be referred to as “owner of the land, etc.” (hereinafter referred to as “owner of the land, etc.”) b.

Around February 26, 2014, F, at the time when the Defendant was organized, resigned on August 20, 2014. On March 4, 2016, G was appointed as an acting chairperson of the Promotion Committee. 2) On the other hand, 120 persons, including C, among total 527 owners of land, etc. (hereinafter “120 persons, including C,”), including C, from among the total 527 members of the Defendant’s promotion committee, requested H, who had the highest person among the members of the Defendant’s promotion committee, to convene a temporary residents’ general meeting on the agenda of “the Chairperson of the Promotion Committee, the Auditor, and the appointment of the promoters,” and requested H, on January 25, 2016, the head of Seongbuk-gu requested the head of the Promotion Committee to approve the temporary residents’ general meeting to handle the above agenda.

3. On February 3, 2016, the head of Seongbuk-gu Office issued a letter of public notice to approve the opening of the residents' general meeting at least 1/5 of the owners of a plot of land, etc. at the request of an addressee for convening the residents' general meeting: On March 30, 2016, the head of Seongbuk-gu Office sent a letter of public notice to the effect that he/she approves the opening of the residents' general meeting consisting of "A representative of the temporary residents' general meeting proposal for the B housing redevelopment project".

(c).

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