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(영문) 서울서부지방법원 2014.08.21 2014가합2136
총회결의무효확인
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. The Defendant obtained authorization from the head of Mapo-gu Office on November 29, 2006 for the establishment of a housing redevelopment project on the land size of 64,453 square meters in Mapo-gu Seoul Metropolitan Government, and completed the establishment registration on December 5, 2006, and obtained authorization for the implementation plan on September 3, 2007 from the head of Mapo-gu office on June 5, 2008, and obtained authorization for the implementation plan on June 1, 2010.

B. The Defendant’s association members filed a lawsuit seeking confirmation of invalidity of the disposition approving the establishment of an association on July 22, 2010 (Seoul Administrative Court dismissed the lawsuit on July 22, 2010 (Seoul Administrative Court 2009Guhap46146). The Seoul High Court, the appellate court, revoked the judgment of the first instance on June 30, 201 and accepted the claim (Seoul High Court 2010Nu27761), and the Supreme Court, the appellate court dismissed the appeal on December 27, 2012 (Supreme Court 201Du19680), and the administrative disposition, etc. on December 27, 2012 (Supreme Court 201Du19680), and the Defendant filed a lawsuit seeking confirmation of invalidity of the disposition approving the establishment of an association on May 8, 2010, and decided to amend the establishment by holding a general meeting on May 31, 2010.

C. However, in a lawsuit seeking revocation of the above approval of modification against the head of Mapo-gu Seoul Metropolitan Government (Seoul Administrative Court 2010Guhap33603, the Seoul High Court (Seoul High Court 2011Nu14618, Jul. 25, 2012), the Supreme Court (Seoul High Court 2011Nu14618) reversed and remanded the lawsuit on February 28, 2013 (Supreme Court 2012Du20809), and the Seoul High Court (Seoul High Court 2013Nu9580, the final appeal) dismissed the appeal on August 16, 2013 (Seoul High Court 2013Nu9580, the final appeal).

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