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(영문) 수원지방법원 안양지원 2018.05.11 2017가합102452
비용상환청구
Text

1. The request for intervention by an independent party intervenor shall be rejected;

2. The defendant shall pay to the plaintiff KRW 33,485,710 and this shall apply to the plaintiff.

Reasons

Basic Facts

The parties concerned are housing redevelopment and rearrangement project cooperatives established to implement housing redevelopment improvement projects (hereinafter “instant redevelopment projects”) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) during Ansan-gu and 712 lots of land, and the plaintiff is the defendant’s member, and the defendant’s members were 1,253 members around July 24, 2016.

On December 3, 2015, E and General Director F, who had been the president of the Defendant’s partnership, were sentenced to a fine of KRW 1,00,000,00 for each of the criminal facts, which read that “public offering was made and without going through the resolution of the general meeting, by selecting a specialized management businessman of rearrangement projects without going through competitive bidding, thereby violating Article 84-3 subparag. 5, Article 14(2), Article 85 subparag. 5, and Article 24(3) subparag. 7 of the Urban Improvement Act,” and was sentenced to a fine of KRW 1,00,000,000 for each of the following facts: the appellate court (Seoul District Court 2015No7434), the final appeal (Supreme Court 2016Do9730) and the final appeal (Supreme Court 2016Do9730).

On July 4, 2016, at least 1/10 of the members of the defendant association were elected as the representative of the proposer and publicly announced the convocation of the special general meeting as follows:

The public announcement of holding an extraordinary general meeting;

1. Date and time of holding a general meeting: July 24, 2016 ( Sundays 17: 5 o'clock);

2. Place for holding: Gweing hole (on the ground), and Hweing hole;

3. Purpose of holding: An extraordinary general meeting of members for dismissal of executives of an association;

4. Persons subject to dismissal: 1) The president of the cooperative: E. (2) The auditor: F, L, M, N,O, P, Q, R, R, T.

6. Agenda Bill: During the period of 18:00 on July 24, 2016, the number of union presidents, directors, and auditors dismissed, the general meeting (hereinafter “instant special meeting”) was held by the attendance of 631 members of the written resolution among 1,253 members of the Defendant and 666 members of the total number of 1,253 members of the Plaintiff, and 35 members of the field. In the instant special meeting, a resolution was adopted to dismiss all the partnership officers, including the president E, directors, and auditors.

In this case.

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