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(영문) 서울북부지방법원 2015.07.29 2014가합26136
추진위원회결의무효확인
Text

1. A resolution on September 27, 2014 by the Defendant on September 27, 2014, confirming that the resolution is invalid.

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

Reasons

1. Facts of recognition;

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. On September 15, 2014, 38 members of the Defendant’s promotion committee, including G, requested D, the Defendant’s vice-chairperson, to convene a promotion committee on the attached list, such as the suspension and dismissal of the Plaintiffs’ duties. On September 16, 2014, D notified and publicly announced that D would hold the fourth promotion committee at the Defendant’s promotion committee office on September 27, 2014.

On September 27, 2014, the Defendant’s fourth promotion committee, which was proceeding as the chairperson, passed each of the following items (hereinafter “instant resolution”), and accordingly, on September 29, 2014, the report on the change on September 31, 2014 was accepted on September 31, 2014.

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. 75 or less promoters (1) The chairperson shall represent the promotion committee and exercise overall control over the affairs of the promotion committee, and preside over the affairs of the promotion committee, and preside over the general meetings of residents and the promotion committee meetings.

(6) In any of the following cases, the promotion committee shall be represented in the order of vice-chairpersons and senior members:

1. The chairperson has been involved in a contract or lawsuit with the promotion committee for himself/herself;

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