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(영문) 서울행정법원 2012.03.22 2011구합32126
총회결의무효확인
Text

1. On May 27, 201, among the agenda items of the ordinary meeting of the Defendant on May 27, 2011, the change of the business plan according to the raising of the available rate.

Reasons

1. Basic facts

A. The Mayor of Seoul Special Metropolitan City, on January 11, 2007, publicly announced the modification of the Seoul Special Metropolitan City’s Urban and Residential Environment Improvement Master Plan (hereinafter “Seoul Special Metropolitan City 201”) and designated the FF large 101,372.7 square meters as a housing redevelopment zone. On November 1, 2007, G publicly announced by Seoul Special Metropolitan City, designating the FF large 101,372.7 square meters as a housing redevelopment zone, and designating the F large 28,250 square meters as one and J large 73,12.7 square meters (hereinafter “instant rearrangement zone”).

B. On December 18, 2007, the Promotion Committee for Establishment of D Housing Redevelopment Project Cooperatives applied for authorization to establish the association with the consent of the owners of the land, etc. as the project zone. On February 1, 2008, the head of Gwanak-gu in Seoul Special Metropolitan City approved the establishment of the defendant by deeming that 548 consent (80.11%) was obtained from the owners of the land, etc. on February 1, 2008 684 owners of the land, etc.

(hereinafter “instant association establishment authorization”). C.

On September 4, 2008, at the general meeting of the Defendant’s association members, a resolution was made to confirm a provisional contract (which was concluded on June 30, 2003 between the Korea Housing Redevelopment Project Integration Promotion Committee and the Intervenor’s Intervenor (hereinafter “ Intervenor”) for the selection of a contractor (which was executed on a contract basis by setting the construction cost per square meter of a new building as KRW 2,585,000).

On October 2, 2008, the Mayor of Seoul Special Metropolitan City changed the area of the improvement zone of this case to 80,421.7 square meters (7,29 square meters increase) and designated on October 2, 2008.

E. Accordingly, the Defendant drafted a new written consent to establish an association (hereinafter “written consent to change of this case”) against all owners of land, etc. in the expanded project zone including the rearrangement zone in this case, and applied for authorization to change the association on April 30, 2009. On July 21, 2009, the head of Gwanak-gu recognized the establishment change of the Defendant on the ground that on July 21, 2009, the head of Gwanak-gu had obtained 580 consent (76.31%) from among the owners of land, etc.

(c).

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