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(영문) 인천지방법원 2015.10.08 2014구합31098
관리처분계획취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of the lawsuit include the costs incurred by the supplementary participation.

Reasons

1. Basic facts

A. The Defendant Union is a housing reconstruction and rearrangement project association established for the purpose of implementing a housing reconstruction and rearrangement project (hereinafter “instant project”) with respect to the housing size of 101,987 square meters in the Nowon-gu Seoul Special Metropolitan City B, Seocheon-gu, Seocheon-gu. The Plaintiff and the Defendant Intervenor are members of the Defendant Union.

B. On July 25, 2009, the Defendant Union held a general meeting of partners and resolved to change the contents of the contract agreement entered into with the contractor to a contract system in which the construction cost is paid in a fixed amount from the equity share system. On December 29, 2009, the Defendant Union held a general meeting of partners to decide on the modification of the contract for construction and the modification of the management and disposition plan that contain the above contents, and changed the contract for construction with the contractor on January 13, 2010 to a contract system.

C. On August 28, 2010, the Defendant Union held a general meeting of partners on August 28, 2010 and decided on the modification of the management and disposal plan including the details of the change of the average contributions to each ordinary member of the construction contract as above, as a result of the change of the construction contract into the contract, and on the issue of whether to grant the members an opportunity to change the application for parcelling-out as a result of this decision (the agenda item 2). Of the total number 1,038 members, 797 members from among the total number 1,038 members were present and the agenda item 3 was resolved with the consent of 678 members, and the agenda item 2

Accordingly, from November 1, 2010 to November 10, 2010, the Defendant Union received an application for the alteration of the application for parcelling-out from its members, and on January 28, 201, issued an application for the draw of the same as the union members.

E. On December 27, 2010, the vice-market is above C upon the application of the Defendant Union.

The management and disposal plan formulated as described in the paragraph (1) (hereinafter referred to as the “management and disposal plan of this case”) was authorized and publicly notified.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 13, 29, 31 are numbers.

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