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(영문) 수원지방법원 2014.12.18 2014구합54357
동의 철회 확인 등
Text

1. The main claim of this case shall be dismissed.

2. The plaintiffs' preliminary claims are dismissed.

3. The costs of the lawsuit.

Reasons

1. Basic facts

A. 1) Defendant 8 and 9 complex housing reconstruction and rearrangement project association (hereinafter “Defendant association”)

(2) On February 24, 2014, the project implementation district (hereinafter “instant project district”) is a project implementation district (hereinafter “instant project district”) with the 27-day Mag-si Mag-si Mag-si Magdong-si 173,430 square meters in the

(2) On March 26, 2014, the Plaintiff is a reconstruction association that obtained conditional authorization for the establishment of a housing association (1,818 owners of land, etc., and 87.8% consent rate) from Defendant Mine-si on March 26, 2014. 2) The Plaintiffs, as co-owners of the instant housing Gement located in the instant project zone (hereinafter “instant housing association”), submitted a written consent of establishment around 201 to the association establishment promotion committee of the iron-ju 8 and 9 Housing Reconstruction Project Association (hereinafter “instant promotion committee”) that the Defendant association comprehensively succeeded to the rights and obligations.

B. 1) However, the promotion committee of this case did not obtain the consent of 2/3 or more of each sectional owners, such as the non-permanent Dong of this case, and thus, did not obtain the consent of the committee of this case.

(2) On July 14, 2013, when the requirements under Article 16(2) were not satisfied, a general meeting of residents was held to bring a lawsuit seeking land division under Article 41 of the Urban Improvement Act against the sectional owners, etc. of the instant building and Dong, etc. (hereinafter “instant promotion committee”) and thereafter, on February 14, 2014, the instant promotion committee filed a lawsuit claiming land division against the owners of the instant building and Dong, etc., including the Plaintiffs, under Article 41 of the Urban Improvement Act, under Article 20520 of the same Act. The general meeting was held on February 15, 2014.

3. After October 12, 2014, the Defendant Union held a general meeting of partners and passed a resolution on the change of the articles of association in relation to the location of the principal office and the qualifications of executive officers of the Defendant Union.

C. The Plaintiffs submitted the written withdrawal of consent by the Plaintiffs are the Defendant Union on October 16, 2014, when the instant lawsuit was pending.

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