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(영문) 대전고등법원 2019.01.17 2018누10352
총회결의무효확인
Text

1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

1. Details of the disposition;

A. The Defendant’s execution of a housing redevelopment improvement project (hereinafter “instant project”) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “instant project”) on December 11, 2012 for the purpose of redevelopment of the Seoul-dong-gu AC Group (hereinafter “instant project site”), is the redevelopment partnership which obtained authorization to establish an association on December 11, 2012, and the attached Form

1. The Plaintiff (Appointed Party) and the Appointed Party (hereinafter “Plaintiffs”) indicated in the “List of Appointed Persons” are the Defendant’s members.

B. On March 5, 2015, the Defendant received the authorization to implement the instant project from the Incheonan City Mayor, and on April 10, 2015, the period for application for parcelling-out was from April 10, 2015 to May 12, 2015 (the extension of the period from April 10, 2015 to May 19, 2015) and received an application for parcelling-out (hereinafter “instant application for parcelling-out”).

C. On July 4, 2015, the Defendant held an extraordinary general meeting and passed a resolution of the general meeting of the management and disposition plan, and received the approval for the management and disposition plan from the astronomical mayor on October 23, 2015.

(hereinafter) The Defendant’s management and disposition plan approved by the astronomical City Mayor on October 23, 2015 (hereinafter “previous management and disposition plan”). D.

On January 19, 2017, the Defendant again held an extraordinary general meeting (hereinafter “instant general meeting”) and passed a resolution of the general meeting on the amendment of the management and disposition plan to some of the details of the previous management and disposition plan, and received an amendment to the management and disposition plan from the astronomical City Mayor on August 25, 2017.

On September 1, 2017, the astronomical Mayor announced the modification of the management and disposition plan.

(hereinafter) The Defendant’s management and disposition plan authorized by the astronomical Market on August 25, 2017 (hereinafter “instant management and disposition plan”). [Grounds for recognition] The facts of no dispute, Gap’s 1, 2, 5 through 7, 16, Eul’s 1 through 5, 12, and 13, respectively (including additional numbers, hereinafter the same shall apply), and the purport of the entire pleadings.

2. Judgment on the defendant's main defense of safety

A. The instant management and disposition plan of the Defendant’s assertion is already authorized by the astronomical City Mayor, and the Plaintiffs are the Plaintiffs.

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