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(영문) 대법원 2016.08.29 2013다50466
총회결의무효확인
Text

The judgment below

Among them, the defendant's resolution on the attached list No. 3 at the special meeting on September 19, 2010 is about the resolution of the attached list No. 3.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the grounds of appeal on the claim to nullify the invalidity of the resolution on the agenda item No. 3 of the attached Table No. 3, which the Defendant had at the extraordinary general meeting on September 19, 20

A. (1) In full view of the developments and contents of the amendment of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 7960 of May 24, 2006), Article 11 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 7960 of May 24, 2006) and Articles 11 and 24 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 9444 of February 6, 2009; hereinafter "amended Act"), Article 7960 of the Addenda of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 7960 of May 24, 2006) and other relevant provisions, in cases of a housing redevelopment association established by a committee that was approved for establishment before August 25, 2006, the Minister of Construction and Transportation is not obliged to select an executor after the approval to establish the association.

(2) In a case where the articles of association of a housing redevelopment association, which received approval for the establishment of the committee prior to August 25, 2006, provides that the selection of a contractor shall be “general competitive bidding or selective competitive bidding,” the said general meeting resolution shall not be deemed null and void unless there are special circumstances, as prescribed by the articles of association. However, even if a resolution for the selection of a contractor was made by a general meeting through a formal competitive bidding, it shall not be deemed null and void.

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