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(영문) 서울중앙지방법원 2013.04.04 2013노420
도시및주거환경정비법위반등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A) In fact, it is impossible to appoint directors and auditors who violated the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents on January 25, 2008, as stated in the judgment of the court below, at the general meeting on January 25, 2008, the term “resolution with the attendance of a majority of union members and with the concurrent vote of a majority of union members present” under the Act and the articles of incorporation. As the Defendant, the president of a cooperative, was a resolution of the general meeting in accordance with the election management regulations that changed by the multi-party election method around August 17,

Even if it does not go through the resolution of the general meeting, the defendant cannot be found to be intentional in light of the above changed election management regulations.

B) On July 7, 2010, the representative appointed by the council of representatives from the violation of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents as stated in the judgment of the court below is a representative appointed by the presentation of the "case of the substitute appointment for the representative of the agenda item No. 1". Thus, it is legitimate for the council of representatives to make a resolution by proxy on the authority of the general meeting. (C) The change in the method of selling the reserved land in violation of Paragraph (3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents as stated in the judgment of the court below constitutes a "change of minor matters" that does not fall under the resolution of the general meeting. (d) The contract concluded by the defendant in excess of the amount stipulated in the budget with the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents as stated in the judgment of the court below is related to the matters that have already been resolved with an overall explanation about environmental impact assessment, eco-friendliness certification, and registration expenses at the time of formulating the management and disposal plan.

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