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(영문) 청주지방법원 2017.02.02 2016가합21121
총회결의무효확인
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Facts of recognition;

A. In order to implement an urban development project with a business area consisting of a total of 464,225 square meters in Cheongju-si, Jeonju-si (hereinafter “instant project”), the relevant Defendant Cooperative is an urban development project cooperative that completed the registration of incorporation on October 20 of the same year after obtaining authorization for establishment from the Cheongju-si on October 26, 2007. The Plaintiffs are co-owners of 879 square meters in Cheongju-si, the land located in the instant project site, and 2,224 square meters in Cheongju-si, and are co-owners of Cheongju-si, the land located in the instant project site.

B. On March 13, 2015, the Defendant Union notified its members of the opening of the 8th ordinary general meeting (including 70 persons delegated) on March 13, 2015, and 152 of its members (including 70 persons delegated) attended the ordinary general meeting (hereinafter referred to as “instant general meeting”).

(2) On the other hand, the agenda resolved at the instant ordinary meeting is as follows.

Bill No. 1: Settlement of accounts in 2014 and the Bill No. 2 in 2015: Change of a replotting plan and designation of a reserved land for replotting (hereinafter “Bill No. 2”): The Bill No. 3: Payment of piece rates (hereinafter “the Bill”) to the president of the association; and (hereinafter “Bill No. 3”).

C. Relevant provisions of the Urban Development Act, the articles of incorporation and operational rules of the defendant association are as follows.

(1) Where it is intended to establish an association, at least seven landowners in an urban development zone shall prepare articles of association, including the matters prescribed by Presidential Decree, and obtain authorization for the establishment of an association from the person entitled to designate the association.

Article 28 (Preparation of Replotting Plan) (1) Where a project implementer intends to implement all or part of an urban development project by replotting method, he/she shall prepare a replotting plan including the following matters:

(2) Any replotting plan shall be reasonable in comprehensive consideration of the location, classification, area, soil, water supply, utilization, change of land and other matters of the previous land and substitute lot.

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