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(영문) 대구지방법원 2017.12.22 2017구합20844
조합설립인가취소
Text

1. The plaintiffs' claims are dismissed.

2. The costs of the lawsuit include the costs incurred by the supplementary participation.

Reasons

1. Facts of recognition;

A. On July 14, 2006, the LAF Promotion Committee for the Establishment of the Small and Medium Enterprise Redevelopment Project (hereinafter “instant Promotion Committee”) was designated as a rearrangement zone, and was approved by the Defendant as the project implementation prearranged zone for the Daegu-gu MUT as the chairperson, and on April 1, 2013, the Daegu Metropolitan City Mayor publicly notified that the said zone was designated as an office publicly notified in Daegu Metropolitan City as a housing redevelopment improvement zone. On December 18, 2014, the Daegu Metropolitan City Mayor publicly notified that the said zone was designated as a housing redevelopment improvement zone. On December 22, 2006, the Daegu Metropolitan City publicly notified that the instant project zone should be modified to the housing redevelopment improvement zone as a housing redevelopment improvement zone.

B. The Chairman resigned on October 29, 2015, and 105 owners of land, etc. in the instant project zone were jointly placed in order to convene a residents’ general meeting from November 17, 2015 to December 10, 2015. Q demanded the Defendant to call a resident’s general meeting with a written jointly placed order for convening a resident general meeting of at least 1/5 of the owners of a plot of land, etc. on December 10, 2015, as a joint person’s representative. The Defendant approved it on the 14th of the same month.

C. Q, on December 23, 2015, notified the public announcement and notice to recruit members of the promotion committee, and on December 28, 2015, prepared the “application for membership of the promotion committee for the establishment of the promotion committee for the promotion of the promotion committee.” The “application for membership” was indicated as “in the column of “the chairman of the promotion committee for the establishment of the promotion committee for the establishment of the promotion committee for the promotion of the establishment of the promotion committee for the promotion of the establishment of the promotion committee,” and on January 16, 2016, the public announcement was made to convene the residents’ general meeting (hereinafter “instant resident general meeting”).

Meanwhile, on January 6, 2016, the instant promotion committee (R of the representative chairperson acting for the chairperson) applied for a provisional disposition seeking prohibition of holding the instant resident’s general meeting against Q as the Daegu District Court 2016Kahap3003, but the said court rejected the said application on January 15, 2016.

In this case.

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