Plaintiff 1 and four others (Law Firm Name, Attorneys Lee Dong-won et al., Counsel for the plaintiff-appellant)

Sub-five District Housing Redevelopment and Improvement Project Association Establishment Promotion Committee (Law Firm Multiwon, Attorneys Jeong Jong-sung et al., Counsel for the plaintiff-appellant)

April 30, 2010

Incheon District Court Decision 2009Kahap10917 Decided December 11, 2009

1. Revocation of a judgment of the first instance;

2. The plaintiffs' claims are dismissed.

3. The costs of the lawsuit are assessed against the Plaintiffs.

1. Purport of claim

Of a resolution made by a residents' general meeting held on July 17, 2008 by the defendant, the defendant selects a consortium as a specialized management businessman and confirms that the resolution delegated to the defendant with the authority to conclude the contract is null and void.

2. Purport of appeal

The same shall apply to the order.

1. Facts of recognition;

This Court's explanation is the same as the reasoning stated in paragraph (a) and (b) of the corresponding part of the judgment of the court of first instance. Thus, it is citing this as it is in accordance with the main sentence of Article 420 of the Civil Procedure

2. The parties' assertion

This Court's reasoning is the same as that of the corresponding part of the judgment of the court of first instance. Thus, this Court's reasoning is cited by the main text of Article 420 of the Civil Procedure Act.

3. Determination

(a) the relevant regulations;

[The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 9401 of Jan. 30, 2009; hereinafter “Do Government Act”)]

Article 14 (Functions of Promotion Committee)

(1) Every promotion committee shall perform the following duties:

2. Selection of the specialized management businessman of rearrangement project under Article 69 (hereinafter referred to as the “specialized management businessman of rearrangement project”);

(3) Where the details of duties performed under paragraph (1) are accompanied by the bearing of costs by the owners of lands, etc. or cause changes in rights and duties, the promotion committee shall obtain the consent of the owners of lands, etc. in excess of the ratio prescribed by

Article 17 (Method of Consent by Owners of Land, etc.)

Matters necessary for the methods and procedures, etc. for computing consent of the owners of lands, etc. under Articles 13 through 16 shall be prescribed by the Presidential Decree.

[Enforcement Decree of the same Act (amended by Presidential Decree No. 20947 of July 29, 2008)]

Article 23 (Consent of Owners of Land, etc. on Duties of Promotion Committee)

(1) A promotion committee under Article 14 (3) of the Act shall obtain consent from the owners of land, etc. in accordance with the following standards, when the details of its business are accompanied by the bearing of expenses or cause changes in rights and duties. In such cases, matters other than the following matters shall be governed by the operating rules of the promotion committee:

2. Matters requiring consent of a majority of the owners of lands, etc. consenting to organizing the promotion committee;

(a) Selection of the specialized management businessman of rearrangement project under Article 69 of the Act (hereinafter referred to as the “specialized management businessman of rearrangement project”);

(2) Article 28 (1) and (4) shall apply mutatis mutandis to the calculation of the number of consenters of the owners of lands, etc. under paragraph (1).

Article 28 (Methods of Calculating Consent Number of Owners of Land, etc.)

(4) The consent (including the withdrawal of consent) of the owners of lands, etc. under Articles 13 through 16 of the Act shall be made by the method of the written consent using a seal imprint design, and in such cases, the certificate of the seal imprint shall be attached thereto (hereinafter referred to as

【Defendant’s Operational Rules】

Article 8 (Consent of Owners of Land, etc.) (1) The Promotion Committee shall obtain the consent of the owners of land, etc. in accordance with the following standards under Article 14 (3) of the Act:

2. Matters requiring consent of a majority of the owners of lands, etc. consenting to organizing the promotion committee;

(a) Selection and alteration of the specialized management businessman of rearrangement project under Article 28 (1);

(3) The consent (including the withdrawal of consent) of the owners of lands, etc. under paragraph (1) shall be made by the method of the written consent using the seal imprint design, and a certificate of the personal seal impression shall be attached thereto (hereinafter

Article 21 (Matters to be Resolved by General Meeting of Residents)

The following matters shall be determined through a resolution of the residents' general meeting:

3. Selection and replacement of a specialized management businessman of rearrangement projects;

Article 22 (Resolution Method of General Meeting of Residents)

(1) Except as otherwise expressly provided for in the Act and this operating regulations, a residents' general meeting shall be held with attendance of a majority of landowners who have agreed to organize a promotion committee, and pass resolutions with the consent of a majority of owners of land

(2) The owners of lands, etc. may exercise their voting rights in writing or by proxy falling under each subparagraph of Article 13 (2). In such cases, the exercise of voting rights in writing shall be deemed attendance under paragraph (1).

(b) Whether a seal imprint is affixed to a resolution of a resident general meeting for the selection of a rearrangement project management contractor and a written consent accompanied by a certificate of seal imprint;

1) The Do Government Act and the Enforcement Decree of the same Act provide that the majority of the owners of land, etc. shall be given consent to the selection of a rearrangement project management contractor among the business of the promotion committee; however, the method of consent shall be affixed with a document with a seal imprint affixed thereto; however, the Rules of the defendant also stipulate that the selection of a rearrangement project management contractor and the conclusion of contracts shall be subject to the resolution of the residents' general meeting, in addition to the requirements for the consent of the owners, such as land. If the method of resolution of the residents' general meeting is interpreted to be the same as the requirement for the consent of the owners, the resolution of the residents' general meeting is merely a dance procedure for the same procedures as that of the owners of land, etc.; while the subject of consent to the selection of a rearrangement project management contractor is the landowner, including the land with consent to the composition of the promotion committee; on the other hand, the majority of the landowners or members of the promotion committee may be different from those of the residents' general meeting with consent to the appointment of a majority of the members of the promotion committee, including the fixed number of land.

2) Therefore, as stipulated in Article 22 of the Operational Rules, the resolution of the residents' general meeting is sufficient if the majority of the owners of the land, etc., who agreed to the composition of the promotion committee, were present, and the resolution is made with the consent of the majority of the owners of the land, etc., including the land owner who did not consent to the composition of the promotion committee. As seen in the above recognition facts, 497 members who attended the resident general meeting of July 17, 2008 exceeding 664 of the owners (332 members) who agreed to the composition of the promotion committee and met the quorum, and 479 members who agreed to the above 49 members who agreed to the composition of the promotion committee more than the majority (309 members) among the 618 members who did not consent to the composition of the promotion committee, and therefore, the resolution of the selection in

4. Conclusion

Therefore, the plaintiffs' claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is unfair with different conclusions, so the defendant's appeal is accepted, and the plaintiffs' claim is dismissed, and it is so decided as per Disposition.

Judges Cho Young-chul (Presiding Judge)