logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2017.08.18 2017구합65029
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. The defendant is the Housing Redevelopment Improvement Project Association established on November 18, 2008 to implement housing redevelopment improvement projects in the Seoul Special Metropolitan City JJ 35,140 square meters and the plaintiffs are owners of the land in the above rearrangement zone.

B. On November 2, 2015, the Defendant held an ordinary general meeting and resolved on the approval of the project implementation plan and the application for authorization to implement the project as the agenda item 5.

C. The Defendant, at the above general meeting of shareholders, declared that 197 members (including 55 members who directly attend the meeting after submitting a written resolution) from among 269 members (including 14 members who directly attend the meeting without submitting a written resolution) were present, and that 187 members (=197 - 4 members who directly attend the meeting after submitting a written resolution - 6 members who have become invalid) have passed a resolution with the consent of 2/3 or more of the members by consenting to the agenda under subparagraph 5.

(hereinafter “instant resolution”). D.

The defendant has not been authorized by the head of Gwanak-gu Office who is the competent authority.

[Ground for Recognition: Unsatisfy, Gap evidence 2, 8, 9, 22

hereinafter the same shall apply.

[Attachment]

2. Judgment on the assertion

A. The number of the plaintiffs' arguments is 274 members.

Although the maintenance project cost was roughly KRW 78.6 billion at the time of establishing an association, the maintenance project cost increases to approximately KRW 146.6 billion in the project implementation plan, so the quorum in the project implementation plan requires the consent of at least 2/3 of all union members.

A written resolution shall be submitted by the principal directly or by the union's articles of incorporation to his/her spouse, lineal ascendants and descendants, and siblings qualified as an agent by mail. On November 17, 2015, the chairperson of the board of directors refused to accept the written resolution, which was held by the general manager of the union on the day preceding the day before the general meeting of shareholders, on the ground that the chief executive officer of the union did not receive it by an agent under Article 10 (2) of the articles of association, and the

arrow