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(영문) 대전지방법원 2017.08.16 2016구합105427
관리처분계획 및 인가처분 취소
Text

1. The plaintiff's lawsuit against the head of Jung-gu Daejeon Metropolitan City shall be dismissed.

2. The plaintiff's B financial expense promotion zone.

Reasons

Details of the disposition

Defendant B financial renewal promotion zone housing redevelopment and rearrangement project association (hereinafter “Defendant association”) has obtained authorization for the establishment of a housing redevelopment improvement project (hereinafter “instant rearrangement project”) based on the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) from the head of Jung-gu, Daejeon Metropolitan City (hereinafter “the head of Jung-gu”) to implement the housing redevelopment improvement project (hereinafter “instant rearrangement project”) based on the Jung-gu, Daejeon Metropolitan City’s Seoul Special Metropolitan City’s Seoul Special Metropolitan City’s Seoul Special Metropolitan City’s 56,93,80 square meters (hereinafter “instant rearrangement zone”). The head of the Gu

The Plaintiff is a landowner in the instant improvement zone and is a member of the Defendant Union.

The Defendant Union received project implementation authorization from the head of the Gu among the Defendant for the total project cost of KRW 234,214,341,280, and the project implementation period of the instant rearrangement zone until 72 months from the project implementation authorization date, and the said project implementation authorization was publicly notified as D public notification of the Daejeon Metropolitan City Jung-gu on October 23, 2015.

On June 14, 2016, the Defendant Union held a general meeting of shareholders and a general meeting of shareholders to formulate a management and disposition plan (hereinafter “instant general meeting”) for the instant rearrangement project (hereinafter “instant management and disposition plan”) and passed a resolution on the draft of the management and disposition plan (hereinafter “instant general meeting resolution”).

At the time of the resolution of the general meeting of this case, the Defendant Union is 201 members, 32 members who attend the site and 48 members who received ballot papers at the site were directly present at the general meeting of this case, including the person who submitted a written resolution, and 155 members, including the person who submitted the written resolution, were present at the general meeting of this case. The draft of the management and disposal plan of this case was recognized as 108 members, 71 members, and 8 members including the person who submitted the written resolution.

On October 14, 2016, the head of the Defendant approved and publicly notified the instant management and disposal plan.

(hereinafter “instant authorization disposition”).

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