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(영문) 서울고등법원 2016.04.07 2015나2042894
추진위원회결의무효확인
Text

1. Of the judgment of the court of first instance, the defendant's resolution on the agenda items 1 and 2 in the attached list as of September 27, 2014.

Reasons

1. Basic facts

A. The Defendant is the promotion committee approved by the head of the competent Gu pursuant to Article 13(2) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on August 4, 2004 and Article 6 of the Enforcement Rule of the same Act in order to establish a rearrangement project association aimed at implementing the housing redevelopment improvement project of Dongdaemun-gu Seoul Metropolitan Government E.

B. According to a resolution adopted at the residents’ general meeting held on December 15, 2013, Plaintiff A was appointed as the chairperson of the Defendant’s promotional committee, and Plaintiff B as the Defendant’s auditor together with F.

C. At the first promotion committee meeting held on March 15, 2014, D was appointed as the Defendant’s vice-chairperson.

On September 15, 2014, the 38 promoters of the defendant, including G, requested D, the defendant's vice-chairperson, to convene a promotion committee meeting on attached matters, such as the suspension of plaintiffs' duties and dismissal, and D, on September 16, 2014, notified and announced that D will hold the fourth promotion committee meeting on the above agenda at the defendant's promotion committee office on September 27, 2014.

E. On September 27, 2014, at the Defendant’s fourth promotion committee meeting, D’s fourth promotion committee meeting (hereinafter “instant resolution”), each of the items stated in the separate sheet was adopted (hereinafter “instant resolution”), and accordingly, on September 29, 2014, the report on the change made on October 31, 2014 was accepted.

Article 15 (Appointment and Change of Members) (1) Members of a promotion committee may be appointed within the following scope (at least 1/10 of the owners of land, etc.), and where full-time members are appointed, they shall undergo a resolution of the promotion committee:

1. One chairperson;

2. One vice-chairperson;

3. Two auditors.

4. The term of office of a member shall be 75 or less years from the date on which he/she is appointed. A majority of the incumbent members of the promotion committee may be reappointed at the promotion committee with the concurrent vote of at least 2/3 of those present, but the reappointment of the chairperson and auditor shall follow a resolution of the general meeting of the

(5) Members;

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