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(영문) 전주지방법원 2017.01.12 2016구합39
관리처분계획 무효 등 확인의 소
Text

1. The plaintiffs' primary and conjunctive claims are all dismissed.

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

Reasons

1. Details of the disposition;

A. On January 29, 2015, the Defendant obtained approval of a project implementation plan from the Gunsan City as a housing reconstruction and improvement project association established for the purpose of implementing the reconstruction and rearrangement project of D apartment units in the Gunsan City.

B. On September 20, 2015, the Defendant Cooperative held an extraordinary general meeting (hereinafter “instant general meeting”) and resolved on a management and disposition plan (hereinafter “instant management and disposition plan”) as an agenda item 3; and the Gunsan Mayor approved the said management and disposition plan on November 13, 2015.

C. Relevant provisions of the articles of incorporation of the defendant association are as follows.

Article 10 (Rights and Obligations of Members) (2) The rights of members shall be equal, and the exercise of authority by proxy shall not be permitted in principle, but in any of the following cases, the authority may be represented:

In such cases, the qualification of a member shall not be changed.

Where a member referred to in subparagraph 1 is unable to exercise his/her authority and submits a power of attorney appointed by an adult as his/her agent from among his/her spouse, lineal ascendants and descendants, and siblings, the following matters shall be determined by a resolution of the general meeting:

10. Formulation and amendment of a management and disposal plan under Article 49 (excluding any minor amendment under the proviso to Article 48 (1)). In such cases, a decision shall be made with the consent of majority of total number of partners;

Article 22 (Method of Resolution at General Meeting) (1) Except as otherwise provided for in the Act and this Articles of incorporation, a general meeting shall be held with attendance of a majority of partners, and shall consent thereto.

(2) Where a general meeting makes a resolution, at least 10/100 of partners (referring to 20/100 of partners in cases of a general meeting prescribed by Presidential Decree, such as an inaugural general meeting, a project implementation plan, and a general meeting which resolves to formulate or amend a management and disposal plan

(3) In cases falling under Article 21 (3) 9-2 and 10, consent of a majority of partners shall be obtained.

(a) the rearrangement project cost;

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