logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2014.12.19 2014구합2997
총회의결및관리처분계획무효확인
Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The relevant Defendant is a housing reconstruction and rearrangement project association established for the purpose of promoting a housing reconstruction and rearrangement project for B B, 33,593 square meters in Dongjak-gu Seoul Metropolitan Government, and completed the registration of incorporation on August 13, 2010 with the approval of establishment from the head of Dongjak-gu Seoul Metropolitan Government on August 12, 2010.

The plaintiffs are the owners of real estate located in the project implementation district and the members of the defendant.

B. (1) On October 23, 2012, the Defendant held a general meeting on the general meeting of shareholders and presented the following items: (a) the amendment of the articles of association; (b) the signing of the contract with the contractor; and (c) the “management and disposal plan (draft)” in the presence of 119 members, including 74 written resolution persons among all 204 members, including 74 members.

(2) The amendment of the articles of association provides that “The liquidation amount shall be settled after deducting the charges according to the equity ratio of members of the project cost already invested, by referring to the calculation amount calculated by calculating the arithmetic mean of the values appraised by at least two appraisal business entities recommended by the head of the Si/Gun.”

(3) The phrase “the subject of the agreement with the contractor” is that “the construction cost to be paid to Samsung C&T Co., Ltd., a contractor, shall be the amount calculated by multiplying the total floor area of the building facility approved by the competent local government by KRW 4,090,000,000.”

Article 4. Estimated amount of rearrangement project for the calculation of the shares of the cooperative members (direct construction expenses): The number of Dongs and units sold to the cooperative members in relation to the allocation of shares of the cooperative members in accordance with the formulation of the management and disposal plan under Article 8 (6) of the sale area and allocation criteria of Article 27,013,519,738 shall be added as shown in attached Form 4.

Added 4

2. The order of priority in the allocation under subparagraphs 1 and 2 shall proceed in the order of a large amount of money: Provided, That the period of application for change in the number of union members (the period of application for change in the number of union members) implemented at the request of union members;

arrow