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(영문) 수원지방법원 2017.01.17 2016구합64365
총회결의무효확인
Text

1. The plaintiff's main claim is dismissed.

2. The Defendant passed a resolution at a general meeting of its members on April 30, 2016, and on July 27, 2016.

Reasons

1. Basic facts

A. The Defendant is an association that implements a housing reconstruction improvement project (hereinafter “instant project”) for the housing complex on the N, 2 lots, and the Dong-si and the two lots (hereinafter “instant complex”) established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

The plaintiffs are the members of the defendant who owned the commercial building in the instant complex.

B. The instant complex consists of “A commercial building” located in the center of the complex, “BB commercial building” located in the north of the complex, and apartment buildings located in the residential space of residents.

(hereinafter referred to as the “instant apartment building,” and the said apartment building is referred to as the “instant apartment building,” and the members who were the sectional owners of the instant apartment building and the members who were the sectional owners of the instant apartment building, respectively. The composition of the previous site area of the instant apartment complex is as follows.

(2) Pursuant to Article 48 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents and Article 52 of the Enforcement Decree of the same Act, a cooperative shall establish a management and disposal plan on the property owned by its members pursuant to Article 48 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents and Article 52 of the Enforcement Decree of the same Act in accordance with the following guidelines:

Where Article 48 of the Urban Improvement Act and Article 52 of the Enforcement Decree of the same Act are amended, the following standards for the management and disposal plan shall also be amended.

6. Among the ancillary and welfare facilities to be established within a project implementation district, a management and disposal plan may be formulated separately from the collective housing pursuant to an agreement separately determined by the partnership after consultation with the executor, and it shall be an independent accounting system;

9. Incidental and welfare facilities (including appurtenant land; hereafter the same shall apply in this subparagraph);

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