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(영문) 수원지방법원 2020.07.15 2017가합24918
대의원회결의 무효확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 3, 2009, the Gamb City was designated as a B urban development zone with the wife population C 692,120 square meters on August 3, 2009, and the Defendant proposed an urban development project in B area in relation to the said urban development zone (hereinafter “instant project”), and was designated as an association under Article 11(1)6 of the Urban Development Act, which was authorized to be established on August 20, 209, and was designated as the implementer of the instant project on August 28, 2009.

The Plaintiff, as the Defendant’s member, owns each land listed in the separate sheet of real estate (hereinafter “each land of this case”) within the instant business zone.

B. On August 18, 2011, the Yongsan City approved the amendment and implementation plan of the instant project development plan. Accordingly, the average reduction rate is 47%, and the total project cost is 450.5 billion won.

C. On November 16, 2016, the Defendant board of representatives adopted a resolution on the amendment of the development plan and the amendment of the implementation plan to increase the average depreciation rate by 53%, and passed a resolution on the formulation of a replotting plan based thereon.

(2) Each of the above resolutions (hereinafter referred to as the “instant development plan modification resolution,” the “instant amendment resolution,” and “the instant implementation plan modification resolution,” respectively, and each of the above resolutions referred to as the “each of the instant resolutions,” respectively.

On December 15, 2016, the Yongsan City approved the modification of the development plan and implementation plan of the project of this case, and according to this, the total project cost has not been changed, but the average reduction rate has increased to 53%.

E. On February 8, 2017, the Defendant filed an application for authorization of a land substitution plan with the mayor of Yeongdeungpo-gu, and the land substitution plan was approved on August 11, 2017.

F. On August 25, 2017, the Defendant publicly announced the designation of land scheduled for substitution as of September 15, 2017, including the part concerning each of the instant land, pursuant to the said land substitution plan.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 to 6, 12 to 16 (including paper numbers), the purport of the whole pleadings

2. Judgment on the main defense of this case

A. The defendant's argument is that of each of the instant resolutions.

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