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(영문) 부산지방법원 2017.05.24 2016가합47990
소유권이전등기
Text

The instant lawsuit is dismissed.

2. The costs of the lawsuit are assessed against G who is represented by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s establishment and implementation process is the reconstruction improvement project association approved by the head of the Busan Metropolitan City Northern District Office on June 30, 2003 in order to implement the A-Housing Reconstruction Improvement Project in Busan Northern District H.

On May 27, 2005, the Plaintiff obtained authorization to implement the project from the head of the Busan Metropolitan Government North Korea-gu, Busan Metropolitan Government, and obtained authorization to implement the project two times on February 26, 2016 and on March 2, 2016.

The Plaintiff received an application for parcelling-out from April 15, 2016 to May 15, 2016 for the members of the Plaintiff, and the management and disposal plan was formulated and approved by the head of the Busan Metropolitan Government North-gu Office on February 24, 2017.

B. Articles 12 (Officers) (1) of the Plaintiff’s articles of association have the following officers:

(a) One president;

(b) Seven directors (including the president of the association). (4) The term of office of officers shall be from the date on which they are appointed until the project is completed

A voluntary withdrawal, or a non-Confidence resolution at a general meeting of partners or a board of representatives, or a disqualification under Article 13 has occurred, this shall not apply.

(2) Where any executive or representative is indicted for a criminal case related to his/her duties after being appointed as an executive or representative, his/her qualification for performing his/her duties shall be suspended until a final and conclusive judgment is rendered, and the executive or representative who has been sentenced to a fine or heavier punishment for the relevant case shall lose his/her qualification from the date of such appointment.

Where a person loses his/her qualification, he/she shall immediately select new executives and representatives and obtain authorization for change of the North-gu Office.

Article 53 (Application Mutatis Mutandis of Other Provisions) Other necessary matters concerning the operation of unions and the implementation of projects, etc., other than those prescribed by these Rules, shall be governed by relevant Acts and subordinate statutes and the relevant administrative agencies

Provided, That if the matters prescribed by the rules are contrary to the relevant Acts and subordinate statutes due to the amendment of Acts and subordinate statutes, it shall be in accordance

The plaintiff's articles of incorporation (hereinafter referred to as "the plaintiff's articles of incorporation").

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