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(영문) 울산지방법원 2018.10.05 2017고정1124
도시및주거환경정비법위반
Text

Defendant shall be punished by a fine of 200,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant of "2017 Highly 1124" is the head of the Ulsan-gu redevelopment partnership.

The chairperson of a promotion committee or project implementer (referring to the representative where the owner of an association, including a liquidator, or an urban environmental improvement project, independently implements such project), shall comply with the request where the data prescribed by statutes, such as association members and land owners request perusal or reproduction within 15 days.

Nevertheless, at the above redevelopment association office around May 8, 2017, the Defendant did not respond within 15 days after receiving a request from the auditor C of the above partnership to request copying of documents, such as “a copy of the list of persons present at the meeting of persons present at the meeting of persons present at the meeting of persons present at the meeting of persons present at the meeting of the general meeting of the Corporation in 2016,” “a copy of the list of persons present at the meeting of the general meeting in 2017,” and “a copy of the written resolution of the general meeting in 2017.”

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Partial statement of the witness D;

1. The receipt of a request for information disclosure [1] The defendant asserts that the defendant was not an "executive of a cooperative" under Article 86 subparagraph 6 of the former Act on the Maintenance and Improvement of Urban Areas and Residential Environments (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter the same shall apply] on May 8, 2017, since the date when the defendant becomes eligible to act as an executive of a cooperative externally elected at the general meeting on April 22, 2017 by the head of the cooperative, not on June 8, 2017, which was registered as the head of the cooperative. However, in relation to the relationship between the cooperative and its members, an executive newly elected at the general meeting has the right to legitimately represent the cooperative regardless of whether to approve the change of executive of the cooperative or whether to register the change of the cooperative (the issue of whether to grant authorization of the competent government office is related to the establishment of a reconstruction association is related to the law of urban improvement and the internal judicial relationship between the housing association and its members.

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