logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2020.11.12 2017다216905
대여금
Text

All appeals are dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

1. As to the ground of appeal No. 1, Articles 14(3) and 17 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Presidential Decree No. 9401 of Jan. 30, 2009), where the contents of duties performed by the committee for the promotion of the establishment of an association (hereinafter referred to as the "committee for the promotion of an association") involve the bearing of expenses or cause changes in rights and duties of the owners of land or buildings located in the rearrangement zone, the consent of the committee for the promotion of an association shall be obtained from the owners of land, etc. in excess of the ratio prescribed by Presidential Decree before performing such duties. The method and procedure for calculating consent of the owners of land, etc. shall be prescribed by Presidential Decree. Articles 23 and 28 of the former Enforcement Decree of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Presidential Decree No. 21171 of Dec. 17, 2008) stipulate that the consent of the committee for the promotion of an association's meeting is necessary to use of the funds.

In order to borrow funds for operation and implementation of the project without the above written consent and resolution of the general meeting, a loan contract for consumption concluded by the promotion committee is the requirements and requirements of written consent of the owners of land, etc.

arrow