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(영문) 서울서부지방법원 2014.08.21 2014가합406
총회결의무효확인
Text

1. Subparagraph 3 of the instant lawsuit at its inaugural general meeting of the incorporation promotion committee of B Housing Redevelopment and Improvement Project Cooperatives among the instant lawsuits.

Reasons

1. Facts of recognition;

A. The Defendant is the Housing Redevelopment and Improvement Project Association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement a housing redevelopment project with a size of 64,453 square meters in Mapo-gu Seoul Metropolitan City as an improvement zone, and the Plaintiff (hereinafter “Plaintiff”) and the Selection Party D were the Defendant’s members, who were the Defendant’s members, lost the real estate ownership after cash settlement, and the Selection Party E (hereinafter “Plaintiff, etc.”) is the Defendant’s members.

B. The Defendant’s overall transfer of B Housing Redevelopment Project Promotion Committee (the “Promotion Committee” was the F Housing Redevelopment Promotion Committee at the beginning of the party but its name was changed; hereinafter “Promotion Committee”) is a non-corporate group established for the purpose of preparing the said housing redevelopment improvement project, such as the establishment of the Defendant.

On May 27, 2003, before obtaining approval for establishment, the promotion committee sent a proposal for the construction executor's participation to the construction company of the first- fifth priority order in order to select the developer of the redevelopment project. On June 30, 2003, the promotion committee received the proposal for the project participation on June 17, 2003 from Samsung C&T Construction Co., Ltd and GS Construction Co., Ltd (at the time, "LG Construction Co., Ltd" was changed; hereinafter "GS Construction"), and passed a resolution on June 26, 2003 to select the residents' general meeting as the contractor for the redevelopment project on the agenda of subparagraph 2. Accordingly, on June 30, 2003, the committee concluded a contract for the construction project and the construction project contract for the redevelopment project.

The proposal for business participation submitted by GS Construction and the contract for construction work included the construction cost per 2,596,800 won per unit of the new building, including the financial expenses for moving expenses.

The promotion committee was approved by the head of Mapo-gu Seoul Metropolitan Government on September 7, 2004.

C. On August 18, 2006, a promotion committee shall hold an inaugural general meeting to establish the Defendant and build GS construction.

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