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(영문) 서울서부지방법원 2017.09.21 2017가합834
조합장,이사및대의원 각 지위상실확인 청구
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. The Plaintiff (Appointed) and the Appointed (hereinafter “Plaintiff”) are members of the instant association.

B. On May 16, 2003, the C Rebuilding Housing Association (hereinafter referred to as the “Defendant’s name”) obtained on May 16, 2003 approval for establishment (hereinafter “approval for establishment of the instant association”) from the head of Seodaemun-gu Seoul Special Metropolitan City head of Seodaemun-gu Office for the purpose of removing existing buildings on the 76 lots outside Seodaemun-gu D and constructing the 199 units of apartment houses (hereinafter “instant approval for establishment”) under Article 44(1) of the former Housing Construction Promotion Act (amended by Act No. 6916, May 29, 2003).

The head of Seodaemun-gu Seoul Metropolitan Government deems that there are 75 members of the instant association and 75 members of the association with consent of all the members.

The defendant has completed the registration of incorporation on May 3, 2005.

C. The Mayor of Seoul Special Metropolitan City, on June 11, 2009, designated and publicly notified the area for which the instant authorization to establish the association was granted as a housing reconstruction improvement zone pursuant to Article 4 (4) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 10268, Apr. 15, 2010). The Defendant obtained the authorization for the change of the association establishment that changed the project implementation zone to E 13,020 square meters, 73 members, and 111 members of the land, etc. on November 4, 2009.

On January 15, 2010, the Defendant obtained an amended authorization for the establishment of an association due to the Defendant’s amendment of the articles of incorporation, and the election of executives and representatives of an association, and obtained an amended authorization again on August 26, 201 on the ground of the change of name, and the new entry of an association.

On August 16, 2013, the Plaintiff: (a) opened an extraordinary general meeting on August 16, 2013; and (b) decided to approve the establishment of the association; and (c) applied for the authorization for the establishment of the association with the consent of 84 persons among the general assembly-related documents and the

The head of Seodaemun-gu Seoul Metropolitan Government shall not less than 3/4 of the owners of land or buildings who consent rate under Article 16 (3) of the Act on September 17, 2013 and land.

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