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(영문) 서울동부지방법원 2016.11.02 2015가합105092
제명결의무효확인
Text

1. On May 11, 2015, the part of the instant lawsuit seeking the confirmation of invalidity of the expulsion made against the Plaintiff is dismissed.

Reasons

Basic Facts

The plaintiff is a member of the defendant association established to promote the common interest of the members by acquiring commercial land shares supplied to the persons subject to livelihood measures in relation to the project for the development of the D Urban Development Project District of Songpa-gu Seoul, Songpa-gu, Seoul, as part of the living measures and settling business profits and losses on land.

On June 20, 2014, the Defendant Union, which submitted a written resolution of the general meeting and the disposal general meeting and the Plaintiff’s union, opened a general meeting and the disposal general meeting on June 20, 2014 (hereinafter “instant-related general meeting”) and decided the following matters.

The actual contents of the modification of the business plan and the cases of delegation of authority: It shall delegate the authority to consult with the architect office, contractor, financial company, etc. and determine the modification of the plan in the situation where several design consultations and modifications are anticipated during the authorization process.

The actual contents of construction plan of buildings and association members sales contract are each case of selection of a collaborative company: due to the nature of the business that requires expertise such as PM business of the D Zone E block development project, it shall be delegated to the association's executive officers, such as selection, remuneration, etc. of the collaborative company so that it can select the optimal company after reviewing the number of business progress.

The actual substance of the disposal of new buildings and the modification of the articles of association of the association shall be approved of the budget of the newly constructed building, and the actual substance of the modification of the budget of the association: all the members shall pay 10% of the amount calculated in accordance with the association's articles of association multiplied by the unit price of supply per square meter, and the members who have not paid the land contract shall, upon request from the association, request the association to pay the land contract amount on a deposit basis, so that the association or the implementing corporation may pay the land contract amount (20 million won per person) in full using financial institutions, construction companies, funds loans, etc.

Additional profits due to the reduction in the amount of loans borrowed by the payer.

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