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(영문) 부산지방법원 2015.09.03 2014가합47910
대여금
Text

1. The Plaintiff:

A. Defendant A’s Urban Environment Improvement Association Establishment Promotion Committee, B, C, D, E, F, G, H, I, J, K, L, M, N, andO.

Reasons

1. Basic facts

A. Defendant A’s Urban Environment Improvement Association Promotion Committee (hereinafter “Defendant Committee”) is an organization that obtained approval from the head of the Dong-gu Busan Metropolitan City on July 27, 2006 from the owners of land, etc. to promote the urban environment rearrangement project A (hereinafter “instant project”) on the site of 79,000 square meters of land located in the AI located in Busan Dong-gu, Busan, which was designated and publicly announced as urban environment improvement prearranged zone. The remainder of the Defendants except the Defendant Committee is the executives and promoters of the Defendant Committee and their successors (Defendant Z, AAA, AB, AB, AE, AF, AG).

B. Around 18:00 on August 18, 2006, the Defendant Commission announced a convocation announcement to hold a residents’ general meeting in order to determine the selection of joint implementers and the delegation of authority to conclude contracts to the owners of land A, etc., and passed a resolution to select the project executor as the Plaintiff and to delegate authority to the Defendant Committee to the Plaintiff Committee (hereinafter “instant resolution”).

C. After that, the owners of the land, etc. within the instant project implementation zone filed a lawsuit seeking confirmation of invalidity of the instant resolution against the Defendant’s committee, and on July 25, 2012, the Busan High Court rendered a decision that the selection of the contractor is not a matter belonging to the scope of the authority of the general meeting of the owners, such as the land, etc. held by the promotion committee or the promotion committee, but a matter belonging to the general meeting of the association’s general meeting. Therefore, the Supreme Court rendered a decision that confirmed invalidity of the instant resolution made at the general meeting of the owners, such as the land, etc. held by the promotion committee or the promotion committee (No. 2012Na1054) and dismissed the appeal by the Supreme Court on November 15, 2012 (Supreme Court

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