Plaintiff 1 and one other (Law Firm Ulil, Attorneys Yoon Sung-chul et al., Counsel for the plaintiff-appellant)

Defendant Reconstruction and Rearrangement Project Association (Law Firm Geosung, Attorneys Kang Won-il et al., Counsel for the defendant-appellant)

February 28, 2007

Seoul Central District Court Decision 2005Gahap7554 Delivered on February 16, 2006

1. Of the judgment of the court of first instance, the part of the judgment seeking confirmation of invalidation regarding the defendant's resolution on the "resolution on the management and disposal plan (draft)" as set forth in subparagraph 4 at the general meeting of the management and disposal of the defendant on February 5, 2005 is revoked, and the plaintiffs' claim corresponding to the revocation portion

2. All remaining appeals by the plaintiffs are dismissed.

3. The total costs of the lawsuit are assessed against the plaintiffs.

The judgment of the first instance court is revoked. The defendant's resolution of the board of representatives on October 23, 2001 that appointed non-party 2 as the president of the partnership, and each resolution on the defendant's "case of a resolution on a construction contract" as referred to in subparagraph 3 at the general meeting of the management and disposal of the defendant on February 5, 2005 and the "case of a resolution on a management and disposal plan (draft)" as referred to in subparagraph 4 at the same

1. Basic facts

The following facts are without dispute between the parties, Gap evidence 1 through 5, Eul evidence 6-1, 7, 11, 12, Gap evidence 14 through 18, 20, Eul evidence 23-2, Eul evidence 1, 25-2, Eul evidence 1, 2-2, Eul evidence 3-1 through 5, Eul evidence 7-1 through 4, Eul evidence 8, 9-2, Eul evidence 10, 13, 15, 20, 29 through 31, Eul evidence 32-1, Eul evidence 35-1 through 45, 36-4, 3-1 through 47, 3-1, 4-1, 3-4, 3-1, 3-4, 4-1 and 5-1, 3-4, 4-1 and 5-4, 3-1 of the whole evidence and 5-1 of the evidence mentioned above, 3-1 to 4-4, 5-1.

A. Status of the parties

The defendant held an inaugural general meeting of the reconstruction association on November 10, 201 with the members of the sectional owners of the apartment of this case who supported the reconstruction for the purpose of implementing the housing reconstruction project on the land of 248,541.80 square meters (hereinafter "the apartment of this case") and the commercial building outside Seocho-gu Seoul, Seocho-gu distribution 1, and 18 lots, and held an inaugural general meeting of the reconstruction association on November 10, 201, pursuant to the former Housing Construction Promotion Act (amended by Act No. 6916 of May 29, 2003 and enforced on November 30, 2003; hereinafter "the Housing Construction Promotion Act") and changed the name of the plaintiffs as the members of the reconstruction association of this case from July 1, 2003 to the Seoul National Housing Maintenance and Improvement Act (amended by Act No. 7393, Mar. 18, 2005; hereinafter "the plaintiffs of this case").

(b) A resolution of appointment of the president of an association at the board of representatives;

(1) The instant apartment reconstruction promotion committee (hereinafter referred to as the “Defendant”) which is a telegraph of the Defendant’s telegraph, decided to convene a board of representatives pursuant to Articles 12(3) and 21(1)1 of the Articles of association (hereinafter referred to as the “articles of association”) and elect the president of the association. On October 5, 2001, the election commission organized an election commission around October 12 of the same year, and registered Nonparty 2, 4, and 13 as the candidate for the president of the association.

(2) On October 23, 2001, an election of the president of the partnership (hereinafter “instant election”) was held at the board of representatives (hereinafter “the board of representatives”) held on April 46, 201 among 46 representatives, and at the first election, Nonparty 2, 4, and Plaintiff 1 obtained 10 votes, respectively, and subsequently held 2/3 or more of the registered representatives of the post-report, and subsequently held 2/3 or more of the registered representatives of the post-report. In the second voting, Nonparty 2 acquired 18, 4, and 17, and Plaintiff 1 acquired 9 votes, and did not obtain 2/3 or more of the registered representatives of the post-report.

Accordingly, Plaintiff 1, prior to entering the third voting, resigned from the candidate for the president of the partnership, and Nonparty 2 and 42 were decided as the final candidate. Nonparty 2 and 4 obtained the same 22 votes each at the same time, and Nonparty 2, the extended person, pursuant to Article 25(1) of the Defendant’s Election Management Regulations, was elected.

(3) However, on September 19, 200, Nonparty 3, a representative of the Defendant 357 Dong-dong, lost his capacity as a representative by granting the registration of ownership transfer on the ground of the gift dated September 18, 200 with respect to the instant apartment Nos. 357 Dong-dong 406, one of his own possession, to Nonparty 5, his wife, who was disqualified, but since all of the households continued to hold ownership, they did not think that he was disqualified as a member of the association, and did not notify the Defendant of such fact, and continued to act as a representative without having been present at the election of this case and exercised his right to vote.

(4) Around September 15, 2001, Nonparty 6, the representative of the Defendant 328 Dong, submitted a resignation letter to the Defendant around October 5, 2001, stating that he will resign from the representative office under the name of Nonparty 7, but withdrawn the registration of the right to claim the transfer of ownership on the instant apartment under the name of Nonparty 7 on October 6, 2001, but participated in the instant election and exercised the right to vote. Thereafter, Nonparty 6 again presented a resignation letter on October 30, 201, and around November 30, 2001, Nonparty 7 completed the registration of ownership transfer on November 1, 2001 with respect to the instant apartment 328 Dong-dong 402.

On the other hand, upon finding out the omission of the name in the electoral registry when Nonparty 6 attended the election of this case and exercised voting rights, the election commission allowed Nonparty 6 to exercise voting rights after stating the name of Nonparty 6 on the electoral registry.

(5) Pursuant to Article 12(3) of the Defendant’s Articles of Incorporation, which provides that the result of the election of the president at the meeting of the board of representatives shall be approved by the general meeting, the following items are presented at the Defendant’s inaugural general meeting held on November 10, 2001. Of the Defendant’s registered members 2,510, the Defendant’s total number of 1,599 members (including written resolution, and the standard of reporting gender), the resolution of the board of representatives of the instant case, which elected Nonparty 2 as the president of the association, was approved by the resolution of the board of representatives of the instant case, which is Nonparty 2, the representative of the Defendant.

(6) Meanwhile, at the time of the lapse of three years and three months after the instant election, the Plaintiffs filed the instant lawsuit by asserting the invalidity of the resolution to appoint the president of the instant board of representatives.

(c) Reconstruction resolution at its inaugural general meeting;

(1) On November 10, 2001, the Defendant held the inaugural general meeting of the Association (hereinafter “instant inaugural general meeting”) at the meeting of 2,205 members (including written resolution, 1,599 members in the case of a full-time report of gender), on the agenda of rebuilding resolution (including a business plan), the association’s articles of association and regulations, and the cases of approving the association’s articles of association and regulations, the cases of selecting the association head and the executives, and the cases of concluding a contract.

(2) At the instant inaugural general meeting, the main contents of the rebuilding resolution passed with the consent of at least 80% of the 2,510 members of the Defendant association (which was submitted by 2,151 members; hereinafter “instant rebuilding resolution”) are as follows.

(A) Outline of the design of the new building

본문내 포함된 표 대지면적 건축연면적 및 규모와 세대수 용적률 복리시설(상가) 건축 연면적 층수 동수 아파트세대수 25평형 38평형 42평형 55평형 60평형 66평형 72평형 합계 248,541.80㎡(75,183.50평) 809,637.86㎡(244,915.5평) 지하2층 지상25층 ？ 1,024 300 500 300 650 590 47 3,411 270% 18,500㎡

(Standards for final public notice of the master plan for distribution district development shall be based, and the plan shall be determined at the time of approval of the project plan)

(B) Estimated cost of removal and new construction of the building

approximately KRW 828,863,00,000 in total (i.e., removal and construction cost of approximately KRW 649,027,00,000 in + approximately KRW 179,836,00,000 in total for other project costs)

The estimated project cost was calculated by estimating the expected project cost, can be modified according to the selection of the contractor and the contract, and it is determined at the time of occupancy and liquidation.

(c) Matters concerning the apportionment of expenses incurred in the removal of buildings and construction of new buildings

In accordance with the articles of association of the association, the following expenses shall be fairly apportioned according to the current housing-type land shares, and the association agrees to make a provisional settlement at the time of management and disposal, and finally determine the contributions at the time of liquidation:

(1) A project shall be implemented in a fixed share system.

(2) The amount of rights of members to determine contributions shall be determined at the general meeting for the formulation of a management and disposal plan in accordance with the provisions of the articles of incorporation of the defendant.

The calculation of shares of members of multi-family housing owned by the association;

Where a resolution is adopted to implement a project by the final shares system: Liability for expenses shall be based on the amount of shares of rights (free shares) presented by the Corporation in the selection of a construction project and the amount of shares to be borne by sales volume

The assessment of shares of members, such as

The calculation of shares of divided owners of commercial buildings shall follow the management and disposal plan separately from the amount proposed by the contractor.

(d) Estimated amount of charges for each type of occupancy of a newly-built multi-family housing unit;

The estimated project cost was calculated on the basis of the provisional design proposal, and it may be modified according to the approval of the project plan, the selection of the contractor and the contract.

Amount of right per square meter of the former members of the association included in the main sentence of 20,313,00 won (the average of 20,235,000 won in the materials of inaugural general meeting) appears to be a clerical error in the calculation: 20,313,00 won: 40,000 old apartment land of 16 square meters: 31.947 square meters (average): 41.947 square meters: 415,300,00 won: 648,940,940,630,6067,60867,60,000,000,000, 6307,000,000, 6306, 607, 607, 605, 607, 607, 605, 607, 607, 6008, 6406, 607

(e) Matters regarding the reversion of partitioned ownership of a newly constructed building: It shall conform to Chapter VII (Management and Disposal Plan) of the articles of association of the cooperative.

(1) Apartments: Determination on the types of apartment units shall be made by applying for parcelling-out to the association members, and where there exists competition and deliberation are the same, it shall be determined at the time of formulating a management and disposal plan in accordance with the articles of association of the association.

(2) Commercial buildings: Determination of the size and number of lots shall be made by applying for parcelling-out, and where there exists competition and deliberation are the same, it shall be determined at the time of formulating a management and disposal plan in accordance with the articles of association.

(3) Matters concerning disposal of surplus portion: Attached facilities, such as apartments and commercial buildings, remaining after selling to members, shall be sold in lots in accordance with the provisions of the Housing Supply Rules, and the proceeds from sale shall be appropriated in preference to project expenses

(4) Matters concerning the allotment of land: Land of a new building shall be given as co-owned shares, and such ratio shall be governed by the Act on Ownership and Management of Condominium Buildings.

(d) Selection of construction works and conclusion of contracts for construction works at its inaugural general meeting;

(1) At the instant inaugural general meeting, the “case of the resolution on the selection of the contractor and the delegation of the conclusion of a contract” was presented, and Nonparty 1 Company, Nonparty 8 Company, and Nonparty 9 Company competing with the candidate for the contractor. Nonparty 1 Company submitted a business participation proposal that contains approximately KRW 23.68,00 per square year, an average share of free rights (the amount of rights of union members) of union members, and an average share ratio of KRW 171.84.4%, etc. Of the union members 2,510, Nonparty 1 Company 1,117, Nonparty 8 Company 967, Nonparty 91, 110, 110, 110, 10, 10, and 10 shares of union members were selected as the contractor, and the contract with the contractor was subsequently made by the board of representatives to deliberate on the shares of free rights (the amount of rights of union members), and made a resolution to delegate the contract to the president.

(2) On September 6, 2002, the Defendant entered into a provisional contract with Nonparty 1 Co., Ltd. (hereinafter “instant provisional contract”), and the main contents thereof are as follows.

Article 5 (Criteria for Performance by Substitutes)

(1) The criteria for payment in kind for newly-built apartments and welfare facilities for the previous land or buildings owned by the defendant's members (free compensation criteria) are as shown in attached Form 1 (see subparagraph 1).

Article 20 (General Parcelling-Out)

(4) If the total amount of the general purchase price (see paragraph (4) below) exceeds 10% of the total amount of the general sale price (the value-added tax plus the value-added tax) under attached Table 1 when the remaining apartment units remaining after the purchase by the defendant's members are preferentially sold to the public, the difference in excess of 10% shall be the profit of the defendant and the members of the defendant, and the non-party 1 corporation shall refund the excess profit to the defendant and the members of the defendant.

Article 28 (Change of Construction Works)

(2) In any of the following cases, the non-party 1 corporation may request the defendant to change the construction work within the scope of relevant Acts and subordinate statutes, such as the Housing Construction Promotion Act and the Building Act, and the defendant and the non-party 1 corporation shall change

iii. Where an inevitable situation, such as change of governmental policy or administrative order, occurs, regardless of the cause attributable to Nonparty 1 corporation.

Article 29 (Adjustment of Amount of Gratuitous Right)

1. In any of the following cases, the non-party 1 corporation shall notify the defendant of the fact in writing, and the defendant and the non-party 1 corporation shall adjust the amount of gratuitous shares of members under Article 5 by mutual agreement:

i. Where there is a change (including a change in floor area ratio) in the construction project under article 28, paragraph 2, iii.

ii. Where a change is made upon the defendant's request;

iii. Maximum increase by at least 10 percent of the total value of the general sale in the participation proposal.

(3) At the time of the instant provisional contract, Nonparty 1’s gratuitous equity amount as well as the shares of the members of the apartment complex to be sold to the Defendant’s members are as listed in paragraph (4) below. While the sale price for the members of the apartment complex, except the shares of the association members, the general sale price for the remaining members of the apartment complex, excluding the shares of the association members, added the value-added tax to the unit sale price for the members of the association, but if the total amount of the general sale price exceeds 10% of the initial amount due to the increase in the unit sale price for the future, the amount exceeding 10% was to be refunded to the Defendant and the Defendant’s members. The Defendant’s share price of the right of the members of the association at the time of the initial rebuilding resolution exceeds KRW 20,313,000 per square year by raising the amount of right at KRW 2368,00 per square year.

(4) The contents of the instant provisional contract “attached Form 1” are as follows.

1. Standards for payment in kind:

Unit: ,000 won

본문내 포함된 표 소유지분 구분 조합원분양면적 25.89평 40.05평 47.03평 54.02평 58.26평 63.19평 68.18평 72.43평 78.20평 16평형(65.51㎡) 지분율% 202.44 199.04 178.09 169.12 161.13 157.91 155.83 153.81 145.32 무상평수 40.12 39.44 35.29 33.53 31.93 31.29 30.88 30.48 28.80 부담금 -166,460 7,223 156,111 286,945 387,060 478,454 566,959 646,047 805,264 16평형(66.60㎡) 지분율% 202.44 199.04 178.09 169.18 161.13 157.91 155.83 153.81 145.32 무상평수 40.78 40.10 35.88 34.08 32.46 31.81 31.39 30.99 29.28 부담금 -174,275 -592 148,296 279,130 379,245 470,639 559,144 638,232 797,449 16평형(67.59㎡) 지분율% 202.44 199.04 178.09 169.18 161.13 157.91 155.83 153.81 145.32 무상평수 41.39 40.70 36.41 34.59 32.94 32.29 31.86 31.45 29.71 부담금 -181,380 -7,697 141,191 272,025 372,140 463,534 552,039 631,127 790,344 24평형(102.36㎡) 지분율% 202.44 199.04 178.09 169.18 161.13 157.91 155.83 153.81 145.32 무상평수 62.68 61.63 55.14 52.38 49.89 48.90 48.25 47.62 45.00 부담금 -430,392 -256,709 -107,821 23,013 123,128 214,522 303,027 382,115 541,332 24평형(104.07㎡) 지분율% 202.44 199.04 178.09 169.18 161.13 157.91 155.83 153.81 145.32 무상평수 63.73 62.66 56.07 53.26 50.72 49.71 49.06 48.42 45.75 부담금 -442.709 -269,026 -120,138 10,696 110,811 202,205 290,710 369,798 529,015 24평형(105.61㎡) 지분율% 202.44 199.04 178.09 169.18 161.13 157.91 155.83 153.81 145.32 무상평수 64.7 63.59 56.90 54.05 51.48 50.45 49.78 49.14 46.424 부담금 -453,841 -280,158 -131,270 -436 99,679 191,073 279,578 358,666 517,883

2. The sale price for the cooperative members;

Unit: ,000 won

The unit price of 302,924,924.1,700,900,300,14,115,431, 274, 648 square-level unit price of 11,700,900, 13, 1400, 14, 1401, 14, 648 square-level unit price of 11,700, 13, 1400, 1401, 14, 74.14, 15, 78.20, 15, 78.20, 15, 200, 15, 204, 15, 307, 307, 416, 307, 307, 416, 307, 307, 147, 407, 150, 1407

3. Amount of rights to equity shares without compensation;

Unit: ,000 won

65.519.82469, 384, 382.36 30.96 73, 316 0.30.60 60.15 47, 1994.07 31.48 74,630,630.30.30 1999 104.07 31.4848, 484, 304, 304, 304, 756, 765 0.3025 0.3025 67.484, 304, 304, 304, 105.65 756, 7650.3025

(5) Meanwhile, after the execution of the instant provisional contract, the Urban Improvement Act was enforced from July 1, 2003, the Defendant reported Nonparty 1 Co., Ltd to the head of Seocho-gu as the contractor and accepted the report around August 2003.

(e) Resolution on amendment of business plan and approval of business action plan at the ordinary general meeting;

(1) After the resolution for reconstruction, including the project plan, was passed at the inaugural general meeting of this case, the Minister of Construction and Transportation, on September 5, 2003, issued a public notice of the Ministry of Construction and Transportation, on the basis of Article 52 (2) 3 of the former Enforcement Decree of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Presidential Decree No. 18736, Mar. 8, 2005; hereinafter “Enforcement Decree of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”), on 20% below 18 square meters (60 square meters), 25.7 square meters (85 square meters), and 40% above 25.7 square meters and 40% of the total construction ratio of the national housing of the reconstruction project (hereinafter “9/5 real estate measures”), and the Defendant passed the rebuilding project on the basis of the above proposal for the reconstruction project.

(2) The Defendant held a general meeting on May 15, 2004 (hereinafter “instant general meeting”) prior to the filing of an application for authorization for the implementation of a construction project as above; by applying the small-sized mandatory ratio system as above, proposed a proposal for the change of the project implementation plan with the content of changing the total floor area and size and the number of households as the agenda items; 2,015 from among 2,510 incumbent members attended (including written resolution) and approved 1,811 members (including 72.15%).

【Design opening of a new building for small-sized building ratio of 2:4:4

The aggregate of 248,329.70 square meters (75,119.73 square meters) in total of 248,329.70 square meters (75,19.73 square meters) in total of 815,045.5 square meters and 294 square meters in 4831, 36340 340 340 36340 16296 70 70,410 269.98 percent in total of 669.70 square meters in apartment units with the total floor area of the building site area and the size of the building site and the building volume ratio of the household units included in the main sentence.

[Preparation on the basis of the mandatory ratio of small-sized measures, the master plan for development of the Seoul Metropolitan Government ○ apartment zone (amended), etc., may be partially modified in the course of authorization and permission, and the implementation of the project (amended) shall be determined at the time of authorization)];

(3) On October 30, 2004, the head of Seocho-gu, upon the application of the Defendant’s project implementation authorization, authorized the project implementer to implement the reconstruction project on the apartment of this case, etc., and notified the Defendant at that time.

(4) Meanwhile, even after obtaining authorization for project implementation, the Defendant has received the written consent for the changed project implementation plan from the union members, etc. who were not participating in the instant general meeting. If 240 written consent is additionally submitted and 1,811 who submitted the written consent at the time of the instant general meeting, the union members who agreed to the changed project implementation plan shall be 2,051 among the union members and 2,516 (six additional members who agreed to re-building after the instant general meeting and increase the number of union members).

(f) Resolution to conclude principal contracts with the contractor at the general meeting for administration and disposal;

(1) After the instant provisional contract, around May 2003, the government included the reconstruction apartment in the subject of the subsequent implementation of the apartment system, and caused increase in financial expenses due to the delayed sale of the general housing, compensation for purchasing of the community center, kindergarten purchase expenses due to the housing site, expenses for building public office buildings for donation, increased expenses for building public office buildings, expenses for purchasing government-owned land and public land in the place of business, increase in expenses due to design or quality change, increase in construction expenses due to the establishment of the apartment house shock structures blocking structure and management standards based on the provisions on the Housing Construction Standards, increase in construction expenses due to the amendment of the Indoor Air Quality Control in the public-use facilities, etc., increase in construction expenses due to the revision of the Indoor Air Quality Control in the public-use facilities, increase in financial expenses for the preparation of refunds to the members of the public-use facilities, etc., and the non-party 1 corporation, by asserting that at least 20 billion won increase in the general meeting or the contract price in this case with the defendant, and by recognizing that there was a lack in its total amount of expenses due to be 10%.

Article 5 (Criteria for Performance by Substitutes)

(1) The criteria for payment in kind (free compensation criteria) of a newly-built apartment for the previous land or building owned by the defendant's members shall be as specified in attached Table 1 (see paragraph (3) below).

Article 20 (General Parcelling-Out)

(4) When selling in general the remaining apartment units after preferentially selling out to the defendant's members, all responsibilities and rights shall accrue to the non-party 1 corporation, regardless of the increase or decrease in general sales proceeds or unsold

(2) According to the above contract, the non-party 1 corporation calculated development gains by deducting the amount of free share (the value of rights) recognized as the defendant's member's member's member's member's ownership from the following (3). Meanwhile, if the sale price in lots is 25 square meters, 17 million won per ordinary member's share (1.3 million won for a partner's share) and 18 million won per ordinary member's share (1.35 million won for a partner's share) in 35 square meters, the total amount of business revenue shall be 2,328,70,260,000 won per ordinary member's share (1.355,959,38,000 won for construction cost and association's project cost) and then deducting development gains (the estimated amount of 1,377,8108,000 won for a member's share at the time of reconstruction and 260,000 won per unit's share).

(3) The main contents of the above principal contract (attached Form 1) are as follows.

1. Conditions of standards for payment in kind;

* The financial expenses for the purchase price of the sale after the sale in general will be the responsibility and burden of the contractor regardless of the fluctuation in the interest rate.

* All rights, such as determination of the sale price for the general sale portion, responsibility for sale in lots, and attribution, exist in the project.

* Model EM is to build three flats prior to the conclusion of a contract for the sale of members (before commencement) and to bear the works of the Si.

* The purchase cost of state-owned or public land shall be responsible for and borne by the contractor regardless of the result of administrative litigation.

* In relation to the land issues of commercial buildings, kindergartens, and Saemaul halls, the standards for partner payment are not changed.

* In relation to the necessary project cost, there is no change in the standards for partner payment.

* Standards for payment in kind are adjusted when changing government policies such as the establishment of rental housing, the implementation of the cost-free rental system, etc.

* The criteria for payment in kind are the final and conclusive part of the terms above.

2. Sale price for each apartment-type member;

Unit: ,000 won

1,300 291,325.297.36 97.1, 97.36 97.36 96.36 96.36 97.36 96.36 96.35 22221,350 35.35 35 28.11,350 35.324 11,350 40 927 35.287 197 197 1,3564 96.36.36 96.46 96.36 96.21,350 398,35 35.28 201,35 35D 280,4194,398 196.384

3. Amount of rights to equity shares without compensation;

Unit: ,000 won

Table 16-type 16-type 25-type 16-type 25-type 20.445 501,435 31.947 783,533 20.147 494,126 31.481, 772, 104 19.817 486,032 30.964 759,424

4. Standards for payment in kind:

Unit: ,000 won

본문내 포함된 표 구분 16평형 25평형 65.51㎡ 66.60㎡ 67.59㎡ 102.36㎡ 104.07㎡ 105.61㎡ 평형 무상평수 부담금 무상평수 부담금 무상평수 부담금 무상평수 부담금 무상평수 부담금 무상평수 부담금 25A 43.01 -195,453 43.73 -203,546 44.37 -210,855 67.21 -468,844 68.33 -481,524 69.34 -492,954 25B 43.01 -194,707 43.73 -202,801 44.37 -210,109 67.21 -468,099 68.33 -480,779 69.34 -492,208 35A 42.82 -85,105 43.54 -93,198 44.18 -100,507 66.91 -358,497 68.03 -371,176 69.03 -382,606 35B 42.82 -85,525 43.54 -93,618 44.18 -100,927 66.91 -358,916 68.03 -371,596 69.03 -383,026 35C 42.82 -87,999 43.54 -96,093 44.18 -100,401 66.91 -361,391 68.03 -374,071 69.03 -385,500 35D 42.82 -85,513 43.54 -93,607 44.18 -100,916 66.91 -358,905 68.03 -371,585 69.03 -383,014 49A 35.25 194,171 35.84 186,078 36.37 178,769 55.08 -79,221 56.00 -91,900 56.83 -103,330 49B 35.25 196,460 35.84 188,366 36.37 181,058 55.08 -76,932 56.00 -89,612 56.83 -101,041 60A 33.15 399,523 33.70 391,430 34.20 384,121 51.80 126,132 52.66 113,452 53.44 102,022 60B 33.15 398,658 33.70 390,565 34.20 383,256 51.80 125,266 52.66 112,587 53.44 101,157 69A 31.54 589,625 32.06 581,531 32.54 574,222 49.28 316,233 50.10 303,553 50.84 292,124 69B 31.54 589,548 32.06 581,454 32.54 574,145 49.28 316,156 50.10 303,476 50.84 292,047 79 29.99 807,288 30.49 799,194 30.94 791,885 46.86 533,896 47.64 521,216 48.35 509,787 89 28.62 1,035,118 29.10 1,027,024 29.53 1,019,716 44.72 761,726 45.46 749,046 46.14 737,617 91A 28.35 1,084,673 28.82 1,076,579 29.25 1,069,270 44.29 811,281 45.03 798,601 45.70 787,172 91B 28.35 1,084,655 28.82 1,076,562 29.25 1,069,253 44.29 811,264 45.03 798,584 45.70 787,155

(4) On February 5, 2005, the Defendant, among 2,516 members, held a management and disposition general meeting (hereinafter “the instant management and disposition general meeting”) on February 5, 2005, when 2,205 members were present. As a result of the Defendant’s voting by presenting “construction copy(s) resolution” as the agenda item 3 of the general meeting for the management and disposition of the instant case, 2,516 members were 1,378, 770, 1, 56 members, 2,516.

(g) Resolution on, and authorization for, a management and disposal plan at the general meeting for management and disposal;

(1) The Defendant presented at the general meeting of management and disposition of the instant case as the agenda item No. 4, and the main contents thereof are as follows. As to the instant agenda items, the number of 1,406 members, 730, 1, 68 members, 2,516, 2,516, 730, 730, 1, and 68, respectively.

(A) Outline of the design of the new building

The aggregate of 248,329.70 square meters (75,119.73 square meters) in total 248,329.70 square meters (75, 119.73 square meters) in total 837, 3037, 303.91 square meters in total, 44 683, 36340 340 340 36340 16296 70 70,410 269.34% in total, of the total floor size of the building site and the number of stories of apartment units included in the main sentence.

(b) the estimated cost of removal and new construction of the building;

A total of KRW 955,959,388,000 (=the construction cost of KRW 586,66,910,000 + the partnership project cost of KRW 369,292,478,00) shall be modified.

(c) Matters concerning the apportionment of expenses incurred in the removal of buildings and construction of new buildings

(1) A project shall be implemented in a fixed share system.

(2) Standards for gratuitous shares of cooperative members: The calculation of gratuitous shares of cooperative members, which are the standards for sale of sites and construction facilities for cooperative members, shall be finalized in accordance with Article 5 (See Attached Form 1) of the main contract with the contractor.

(3) Method of calculating cooperative members' charges: The cooperative members' charges shall be reduced or increased according to the difference in sales prices in the number of units and units to which the utility gap index applies.

Free number of union members = Amount of right ¡À sale price per square meter; or

Association members' charges = Newly-type sale price - The amount of rights of association members

(d)sale of new buildings and design standards;

The standards for the sale of housing units by association members: To preferentially sell housing units to be newly constructed based on the shares of the previous housing site in which the association members invested, in principle, prior to the general sale.

(e) Allocation of apartment units among members and method of determining buildings and units;

(1) General principles: The sale of units by members shall be divided into a flat-type decision and the determination of the number of units and Dongs, but the applications for a flat-type decision and allocation of units and units by computerized drawing shall be determined within a certain period after the expiration of the period for

(2) Allocation of cooperative membership balance and method of drawing lots.

The members of the Association which are able to apply for all types of deliberation, but who are determined to be 49 square, 60 square, 69 square, 79 square, 89 square, and 91 square shall draw lots by allocating them to 16 square and 25 square as listed below, and, in the competition, the first person who has been excluded from the category will automatically go beyond 2, 3, 4 and 5.

The ratio of the number of units of 16 square-type 25 square-type households included in the main sentence to 49 square-type 25 square-type households shall be 20% of 68-type 340 households 20% of 60-type 68-type 340 households 20% of 272 households 80% of 68-type 60% of 69-type 2968 households 40% of 118-type 79-type 162 households 97% of 60% of 65-type 89-type 156 households 94% of 62 households 91-type 70% of 42 households 428-households.

When the number of applications for a desired deliberation by rank is less than the number of supply, the number of applications for the relevant desired deliberation shall be preferentially supplied to the applicant for the relevant order of preference.

A member of a shopping mall is to sell among the remaining households after the purchase of apartment members.

(f) Sale of commercial buildings;

The general principle for the sale of commercial buildings: In principle, a member of a commercial building shall sell the previous building on the basis of the owned area and the location of each floor, and if the area and the floor of a new building are not the same, the average amount of each appraised value (return or additional payment) submitted by a certified appraisal institution under the Act on the Publication of Land Prices and the Evaluation of Land, etc. to at least two certified appraisal institutions under the same Act shall be settled (evaluation index).

(2) On May 10, 2005, the head of Seocho-gu approved and publicly notified the above management and disposal plan, and at that time notified the plaintiffs that the management and disposal plan was approved by the defendant.

(3) After the approval of the management and disposal plan, the relocation of the association members and the removal of the instant apartment from the date of the closing of argument is completed and the ground construction is in progress.

G. Main contents of the defendant's articles of incorporation

The main contents of the Defendant’s Articles of Incorporation (hereinafter referred to as the “Articles of Incorporation”) are as follows:

(1) Article 5 (Method of Execution) (2) The burden of project costs, such as the use, disposal, construction costs, and incidental expenses necessary for the implementation of the project, liability for the execution, construction period, defect repair liability, etc. shall be governed by the conclusion of a separate agreement between the defendant and the contractor.

(2) Article 8 (Qualification, etc. for Members) (1) Members shall be the owners of welfare facilities, such as old and inferior housing or commercial buildings, (including sites attached to welfare facilities, such as the relevant housing and commercial buildings, etc.), who have agreed to the rebuilding resolution: Provided, That members may be the members, if they have consented to the rebuilding resolution at the time of the rebuilding resolution but they have agreed to the rebuilding approval before the application for the

(3) Article 9 (Rights and Obligations of Members) (1) Members shall have the following rights and obligations:

3. The right to elect officers and delegates and the right to withdrawal from election: Provided, That the right to withdrawal from election shall be limited to the members who have resided in houses, etc. located in the project implementation district for not less than two years as of the date of public announcement, and the commercial building shall be limited to the members who have owned two years or more: Provided, That the right to withdrawal from election of executives and representatives after relocation shall be limited to

(2) The authority of each member shall be equal, and the exercise of his/her authority by proxy shall not be recognized in principle: Provided, That where a member is unable to exercise his/her authority due to his/her failure, an adult shall be designated as his/her agent in accordance with the provisions on inheritance under the Civil Act, and the proxy may submit his/her authority to the

(3) Where a member transfers his/her right or changes his/her address or seal imprint, the transferee or the changed party shall report the change to the defendant within seven days from the end of the act. In such cases, the relevant member may not raise an objection to the disadvantage, etc. caused by failure to report.

(4) Article 10 (Loss of Membership) (1) Where a member transfers the ownership of a house, etc. or the status of being selected as an occupant, he/she shall immediately lose his/her membership.

(2) A person who fails to meet any of the qualifications for a cooperative member prescribed by relevant statutes and the articles of association shall automatically lose such eligibility.

(5) section 11 (Selection of the contractor and contract for the implementation of the project) (1) The contractor who jointly implements the project shall meet the requirements of the joint entity under the Housing Construction Promotion Act and shall be selected or amended through a resolution of the general meeting.

(2) The defendant shall enter into a separate contract after receiving the authorization of a general meeting in advance after consulting with the contractor on the overall progress of the project, such as bearing of project costs related to the construction project, and shall grant the rights and obligations among them according to the terms and conditions

(6) Article 12(3)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2

(6) The regulations on the election management of executives and representatives shall be separately established and implemented by the board of representatives.

(7) Article 13 (Grounds for Disqualification and Disqualification of Executives and Representatives) (1) None of the following persons shall be appointed as an executive officer or representative of a union:

(v) A person who violates the proviso of Article 9 (1) 3;

(8) The following matters shall be determined by a resolution of the General Assembly:

i. Matters concerning changes in the rights and obligations of partners or the amendment and repeal of the articles of association accompanying burdens on partners;

ii. Matters concerning the decision and change of a project implementation plan, except where such change is made in the process of authorization and permission;

iii. Matters concerning the formulation and modification of the management and disposal plan;

iv. associates of officers (in the case of a special election, whether only the president of the association is authorized) and recommendations for removal of the president of the association.

6. Matters concerning the selection of the contractor and its agreement, and matters concerning the project implementation entrustment agreement; and

viii. Other matters requiring a resolution of the Assembly in this articles of association or conditions for authorization to establish the Association.

(9) Article 19 (Method of Resolution at General Meeting) ① A general meeting shall be held with attendance of a majority of the incumbent members, and shall pass a resolution with the consent of a majority of the members present, and the Speaker shall exercise the right to make a decision when the same number of members is equal. The selection of the contractor shall be determined as the final successful bidder at the attendance

(2) Notwithstanding the provisions of paragraph (1), matters concerning Article 18 (i) shall be decided with the attendance of not less than 2/3 of all the registered members and with the concurrent vote of not less than 2

(3) Members of the cooperative may exercise their voting rights in writing or by proxy. In such cases, it shall be deemed that the attendance referred to in paragraphs (1) and (2) is attendance.

(10) Article 20 (Establishment of Board of Representatives) (1) The defendant shall have a board of representatives.

(2) In principle, the board of representatives shall be comprised of the representatives of each building elected on the basis of 20 to 50 members per 50 members and two members for each building and the total number of representatives shall not exceed 64 persons.

(3) The election of representatives for each building or a vacancy shall be elected by the members belonging to the Dong from among the members who reside in the Dong for not less than two years as of the date of public announcement of election (in the case of a single-end election, the election of representatives may be finalized by obtaining the consent of a majority of the members residing therein: Provided, That if the members who reside in the Dong fall short of a majority, the consent of not less than 2/3 of the members residing in the Dong shall be obtained): Provided, That if it is impossible to appoint representatives vacant due to relocation of members, the election of representatives shall be made by the board of representatives from among the members who have owned not less than 2 years in the Dong on

(4) The chairperson shall convene a meeting when the chairperson deems it necessary: Provided, That when the chairperson requests the meeting of a representative by stating the purpose of the meeting from at least 1/3 of the representatives, the chairperson shall promptly convene the meeting. In such cases, where the chairperson fails to convene the meeting, he/she may convene the meeting in the joint name of the representative requesting the convocation of the meeting.

(5) In principle, the convocation of a meeting of the board of representatives shall be posted on the defendant bulletin board at least five days before the meeting is held, and the purpose, agenda, date, and place shall be notified to each representative by registered mail.

(11) Article 21 (Matters subject to Resolution of the Board of Representatives) (1) Resolution of the Board of Representatives shall resolve on the following matters, and shall make a report thereon to the general meeting or notify individual members concerned thereof.

i. Election and removal of officers: Provided, That those otherwise prescribed by the articles of incorporation shall be excluded;

6. Matters delegated by the general meeting for deliberation on agenda items and by the general meeting; and

(12) Article 22 (Methods of Resolution by Board of Representatives) (2) Representatives may attend a meeting of delegates or exercise the right to vote in writing or by proxy. In this case, they shall be deemed as attendance under the provisions of paragraph (1).

(13) Article 30 (Imposition and Collection of Expenses) (1) The defendant may impose and collect expenses, such as housing construction project costs, from its members to appropriate them for expenses incurred in implementing the project.

(2) The dues under paragraph (1) shall be imposed fairly in accordance with the management and disposal plan, and shall be imposed in comprehensive consideration of all the conditions, such as the location, area, utilization status, and environment of the land and buildings in the project implementation district.

(14) Article 39 (Criteria for Management and Disposal Plans) (1) A management and disposal plan for property owned by its members shall be formulated in accordance with the following guidelines:

i. In principle, the housing, etc. newly built on the basis of the size and economic value of the previous land and buildings in which the association members invested shall be sold, but one house shall be supplied to one association member: Provided, That the housing leased by a rental business operator under the Rental Housing Act, the housing owned by the State, a local government, and the housing accommodation for workers owned by the corporation may be supplied to the extent that the previous housing

ii. The size of housing, etc. to be sold after the implementation of the project shall be based on the area of sale (=area for exclusive use + area for common use) and the housing site shall be sold in common in proportion to the size of the whole housing, etc. sold

iii. The scale of housing to be sold to the members shall be prepared by a construction plan and determined by deliberation after obtaining the approval of the project plan; and

iv. The allocation of new houses, etc. by flat type shall be determined in accordance with the procedures set out in the management and disposal plan, taking into account the existing apartment buildings owned by each member.

(v) If there is a difference between the area of housing, etc. calculated on the basis of the size of the previous land and buildings in which members have made investments and the size of housing units after the implementation of the project, the amount computed by converting the price of housing units by the unit size computed on the basis of relevant project plan shall be paid within the period determined by the defendant, or the

vii. The remaining housing remaining after supplying to members shall be appropriated for the project cost by selling it in lots to the general public, and the supply time, procedures and methods of the remaining housing shall be in accordance with the regulations on the supply of housing;

viii. In accordance with an agreement separately determined by the contractor, the Defendant may sell the remaining housing to the association members first, and may require the contractor to directly procure part of the required project cost on the condition that the remaining housing should be sold in lots to the association members or repaid in lots and paid in lots.

(ix) Other detailed matters necessary to establish a management and disposal plan shall be determined and implemented by the president of an association in accordance with the related regulations, subject to resolution of the board of representatives;

(15) Article 40 (Transfer, etc. of Right to Parcelling-Out) (1) If a member transfers his/her entitlement to membership, authority, status of being selected as an occupant, etc., he/she shall file a report on change with the defendant. The transferee shall clearly transfer to the transferee the right and duty of the member, the disposition and procedure he/she performed, and the scope of the obligation at the time of liquidation, etc.

(16) The agreement entered into by the Defendant with the contractor concerning a joint implementation of a reconstruction project shall have effect on the members to the extent prescribed in the relevant laws and regulations and the articles of incorporation.

H. Main contents of the Defendant Election Management Regulations

The main contents of the Defendant Election Management Regulations enacted by the Board of Representatives held on October 10, 2001 are as follows:

(1) Article 4 (Composition of Election Management Organizations) (1) An election commission shall be established to ensure the fair management of election affairs.

(2) Unless otherwise provided for in the articles of incorporation, the election commission under paragraph (1) shall be organized by seven days before the public announcement date of an election.

(2) Article 5 (Commission and Term of Office of Members) (4) The election management committee members who intend to be elected as candidates for officers and Dong representatives shall be temporarily suspended from their qualifications at the election in question.

(3) Article 6 (Duties of the Commission) (1) An election commission shall administer the following affairs:

i. Preparation and confirmation of the electoral register;

vi. The promulgation of the elected;

(vii)review and take measures in respect of objections against the election;

(4) The president of the association under Article 8 (Election of the president of the association) shall be elected by the board of representatives in accordance with article 12(3) of the association.

(5) Section 1 of Article 12 (Election of Representatives) (1) A representative shall vote by a majority of the members of each Dong to be elected to the highest winner as a result of the vote.

(3) Where it is impossible to elect representatives due to the relocation of members, they shall be elected at a meeting of representatives on the recommendation of at least five regional representatives from among the members who have held at least two years of the relevant two years.

(6) Article 22 (Voting) (1) An elector shall present his/her identification card and obtain identification of himself/herself, affix his/her seal or seal on the register of partners (list of electors) and put his/her seal on the ballot paper distributed to him/her in a ballot box

(2) Even if a member who is not registered in the electoral registry or is registered in the electoral registry, he/she shall not vote on the election day.

(7) Article 25 (Decision on Elected Persons) (1) The decision on elected persons shall be made in accordance with Articles 12 (3) and 20 (3) of the Articles of Incorporation: Provided, That if the number of votes obtained is two or more, the decision shall be made in the order of

(8) A candidate who is dissatisfied with the validity of the decision on an election or elected person may file an objection in writing with the election commission within five days from the election day along with articles of evidence.

(2) The election commission in receipt of an objection under paragraph (1) shall examine it within ten days from the date of receipt, and hear the details of the objector and the respondent, and then determine it, and notify the result in writing to the persons concerned.

(i) Relevant statutes;

The relevant Acts and subordinate statutes shall be as shown in the attached Form.

2. Judgment on the claim to nullify the invalidity of a resolution of the appointment of the president of an association

A. Determination on this safety defense

(1) The defendant's assertion of invalidation of election can only file an objection to the validity of election among those who participated in the election as a candidate, and the plaintiffs are not those who participated in the election of this case, and they are not those who participated in the election of this case, and they are not qualified as parties to dispute the invalidity of the election of the president

On the other hand, the defendant's articles of association stipulate that the resolution of the board of representatives to elect the president of the association shall be approved by the general meeting (Article 12 (3) and Article 18 (3)). The plaintiffs' fact that the defendant is the defendant's member is the defendant's member. Thus, even if the plaintiff did not participate as a candidate for the president of the association but did not participate as a candidate for the president of the association, the plaintiff can file a lawsuit to nullify the invalidity of the resolution on the ground that the resolution of the board of representatives to elect the president of the association is illegal, the above safety defense

(2) In addition, the defendant asserts that since the resolution of the appointment of the president at the board of representatives at the meeting of this case was accepted at the inaugural general meeting of this case, the plaintiffs' assertion of invalidity on the ground of defects in the above resolution of the appointment of the president of the association is without

Therefore, even if the resolution of the appointment of the president of the board of representatives of this case was accepted at the inaugural general meeting of this case, if there is any ground for invalidation of the resolution at the board of representatives meeting of this case, the defect shall not be cured. Thus, the above resolution of the appointment of the president of the association cannot be said to have no interest in the lawsuit to dispute the invalidity of the resolution of the appointment of the president of the association merely because the resolution of the representative of the association was approved at the general meeting of association. Thus, the above

B. Judgment on the merits

(1) Summary of the plaintiffs' assertion

On September 15, 2001, Nonparty 6, who was a 328 representative, sold to Nonparty 7 the instant apartment on September 15, 2001, and lost the qualification as a representative by submitting a letter of resignation to the Defendant on October 5, 2001, and accordingly, did not have the right to vote because it was not registered on the electoral registry prepared immediately before the instant election. In addition, Nonparty 3, who was a 357 representative, took part in the instant election and exercised the right to vote. On September 18, 200, Nonparty 3, who was a 357 representative, made the donation to Nonparty 5 of the instant apartment No. 357-dong 406 on September 18, 200 and completed the registration of ownership transfer under Nonparty 5’s name, thereby exercising the right to vote by participating in the instant election even though it was disqualified for the representative’s appointment by Nonparty 6 and Nonparty 3.

(2) Determination

(A) Determination on the petition for invalidity of a resolution due to the disqualification of Nonparty 6’s representative

First, this case's election was made between the non-party 6 and the non-party 6 on September 15, 2001, and the non-party 6 entered into a sales contract with the non-party 328 Dong-dong 402 on the apartment of this case and submitted a resignation letter stating that the non-party 6 should resign from the representative office around October 5, 2001. On October 6, 2001, the non-party 6 made a registration of the right to claim ownership transfer registration to the apartment of this case under the name of non-party 7 on the above facts, but the non-party 6 withdrawn his resignation before the above resignation is accepted and exercised his right to vote, and the non-party 6 did not have been registered as a mistake in the name of the non-party 6 on the electoral register at the time of the election of this case, and the non-party 6 still withdrawn the registration of ownership transfer to the non-party 6 on June 16, 2010.

(B) Determination on the petition for invalidity of a resolution due to the disqualification of Nonparty 3’s representative

Next, the defendant's articles of association provides that the non-party 3's resolution to nullify the appointment of the president of the association due to the non-party 3's loss of qualification as a representative shall be a member meeting certain requirements for becoming a representative (Article 20); when a member transfers the ownership of housing, etc. or the status of being selected as an occupant, he shall immediately lose his membership (Article 10 (1)); the non-party 3, the representative of 357, 406 of the apartment of this case, on September 19, 200, as to the non-party 357, 406 of which he own, lost his membership by giving the non-party 5 a registration of ownership transfer due to donation to the non-party 3; the non-party 3 continued to participate in the election of this case without notifying the defendant; the non-party 2 and 42 of this fact that the non-party 3's resolution could have an effect on the election management rules of this case; the non-party 2 and the non-party 25.

① However, the Defendant’s election management regulations stipulate that “A candidate who has an objection to the validity of the election and the decision on elected persons may file an objection in writing with the election commission within five days from the election day (Article 28(1)), but the Plaintiffs raised an objection to the validity of the election of this case only after three years and three months have passed since the election of this case; ② Nonparty 3 lost its capacity as a representative was due to the fact that it had completed the registration of ownership transfer on the ground of donation to Nonparty 5 with respect to the apartment 357-dong 406, which was owned by himself, but all households still maintained its ownership and maintained its status; ③ Nonparty 3 did not inform the Defendant of such fact continuously while taking part in the election of this case’s representative meeting for 1 year or longer, and Nonparty 2 did not raise an objection to the validity of the election of Nonparty 3’s representatives before and after the election of this case; ④ Nonparty 5’s resolution on the election of this case as the head of the association’s general meeting of 15 years or more (this case’s resolution).

3. Judgment on the claim to nullify the invalidity of a resolution of the contract of the construction project (the main contract)

A. Summary of the plaintiffs' assertion

The plaintiffs asserted that, as the resolution of the rebuilding agreement of this case and the matters stipulated in the rebuilding agreement of this case at the general meeting of this case at the general meeting of this case at the general meeting of this case at the general meeting of this case, if the total amount of the general sale amount exceeds 10% of the total amount of the initial general sale amount, at least 10% of the total amount of the general sale amount, the excess amount should be refunded to the defendant and the defendant's association members, and the development gains should be reverted to the contractor. It constitutes a modification of the rebuilding agreement that actually modifies the contents of rebuilding agreement that imposes an economic burden on the union members by modifying the matters concerning the rights and obligations of the union members at least 2% of the total sale amount, and thus, the resolution of the rebuilding agreement of this case at the general meeting of this case at the general meeting of this case at the general meeting of this case at the general meeting of this case at the general meeting of this case at the general meeting of this case at the general meeting of this case at the general meeting of this case at the general meeting of this case (hereinafter referred to as "the Act").

B. Determination

(1) Determination on the assertion that the resolution constitutes a modification resolution of rebuilding resolution

According to Article 47 (2) of the Aggregate Buildings Act, a resolution for rebuilding shall be adopted by a majority of 4/5 or more of sectional owners and voting rights. According to Article 47 (3) of the same Act, when a resolution for rebuilding is adopted, matters concerning the removal of the building and the sharing of expenses incurred in constructing the new building and matters concerning the allotment of sectional ownership of the new building shall be determined. Matters concerning the apportionment of rebuilding expenses shall be the criteria for selecting whether the sectional owners should bear reasonable expenses, whether the sectional owners should participate in rebuilding, or not in the sale of sectional ownership or sectional ownership at the market price and not participating in rebuilding. The most important and essential part of the resolution is the most important and essential part of the contents of rebuilding, so that it may be decided to the extent that the agreement on the apportionment of expenses is not reached at the stage of rebuilding implementation, and the resolution for rebuilding not so determined shall be null and void (Supreme Court Decision 98Da15996 Decided June 26, 1998). Meanwhile, in light of changes in rebuilding resolution within 200/4 of rebuilding resolution, it shall not exceed the extent of interests of members.

However, at the time of the instant provisional contract, the non-party 1 corporation and the defendant agreed to refund the excess amount to the defendant and the defendant's members at least 10% if the total amount of the general sale price increases by the increase in the general sale price exceeds 10%, but in the construction copy contract which was resolved by the general meeting of the management and disposal of this case, the fact that the defendant and the defendant's members did not receive a distribution of the excess amount at least 10% due to the increase in the general sale price in the future, but the non-party 1 corporation bears all business expenses, including the additional cost,

However, as seen earlier, ① the cost of the reconstruction project at the time of the resolution is equally shared by the association’s association’s association’s articles of incorporation to the extent that the cost of the reconstruction project is to be determined at the time of the settlement of the shares; ③ the method of project implementation was determined at the general meeting to calculate the amount of rights of the association members for establishing the management and disposal plan pursuant to the provisions of the defendant’s articles of incorporation; but the amount of shares of the association members at the time of the selection of the construction project was calculated according to the amount of shares of the association members and the amount of shares of the association members at the time of the settlement of shares; ② the defendant’s total amount of expenses to be borne by the association members at the time of the reconstruction project at the time of the resolution was estimated based on the estimate of the cost of the reconstruction project at the time of the new construction project at the general meeting and the estimated amount of expenses to be borne by the association members at the time of the alteration of the construction project plan at the time of the construction project at the time of the completion of the construction project at the general meeting (Article 30).

(4) Comparing the contents of the instant construction contract and the contents of the construction contract, the Defendant’s assertion that there was an increase in the cost of the building site to be purchased by Nonparty 1’s members of the building site and that there was an increase in the cost of the building site between KRW 469,384,00 to KRW 486,00; KRW 66.60 to KRW 47,19,000 to KRW 49,126,00; KRW 67.59,00 to KRW 5,00 to KRW 484,30,00 to KRW 5,00 to KRW 733,316,00 to KRW 75,00 to KRW 10 to KRW 75,00 to KRW 75,00 to KRW 75,00 to KRW 750 to KRW 75,00 to KRW 75,00 to KRW 75,704,7067,757,7007.

(2) Judgment on the assertion of violation of the articles of incorporation quorum

Article 19 (1) 1 and (2), and Article 18 (1) of the defendant's articles of incorporation provides that "a general meeting shall constitute with the attendance of more than a majority of incumbent members, with the consent of more than a majority of present members, and where the same number of members is equal (Article 19 (1)) and (1), matters concerning Article 18 subparagraph i (Article 18) (Article 19 (1) shall be decided with the attendance of not less than 2/3 of incumbent members and the consent of not less than 2/3 of members present at the meeting (Article 19 (2))." 2) The defendant's general meeting of management and disposition of this case provides that "a resolution concerning the amendment or repeal of the articles of incorporation which requires the attendance of not less than 2,516 members and the consent of more than 1,378 members shall be held with the consent of more than 1/3 of all members and it is difficult to interpret "the rights and obligations of members and the consent of more than 2/1/3 of all members" as stated in the articles of incorporation.

4. Determination on the claim to nullify the invalidity of the resolution of the management and disposal plan

A. Summary of the plaintiffs' assertion

The plaintiffs, as the resolution of the "management and disposal plan" at the general meeting of this case, if the total amount of the general sales proceeds exceeds 10% of the total amount of the initial general sales proceeds when the non-party 1 corporation, which is the contractor, sells the remaining households of the apartment house in general, belongs to the contractor with development gains by abandoning the fact that the non-party 1 corporation should refund the excess amount of at least 10% of the initial general sales proceeds to the defendant and the defendant's association members, and thus, it actually modifies the contents of the rebuilding plan to bring about financial burdens on the union members by modifying the matters related to the rights and obligations of the union members, and thus, it is necessary to make a resolution of at least four-fifths of the special resolution of Article 47 (2) of the Aggregate Buildings Act, but it is null and void due to the lack of the quorum and the change in the rights and obligations of the union members in accordance with Articles 19 (2), (1), and 18 (i) of the defendant's articles of incorporation, which do not meet the above resolution on the "special management and disposal plan of this case."

B. Determination

According to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (Article 18(3) of the Act, a reconstruction and improvement project association uses the word "project association" in its name and can collect project costs and arrears (Article 61 of the Act), and can entrust the head of a Si/Gun with the collection of land, etc. (Article 38 of the Act), and shall be supervised by administrative agencies such as submission of data and improvement of executive officers (Article 75 and Article 77 of the Act). The executive officers and employees of a cooperative are treated as public officials for the purpose of applying bribery under the Criminal Act (Article 84 of the Act). In light of the above provisions of the Act, a reconstruction and improvement project association is a special administrative agent with special purpose of existence in its legal relations with its members, and is in a relationship of rights and duties under public law within the extent that it can be deemed that it is engaged in a specific public business for its existence purpose under the supervision of the State. On the other hand, when authorization and public notice of a management and disposal plan are given, the previous owner, superficies, superficies, etc.

However, as above, a management and disposal plan as an administrative disposition is established after the reconstruction and improvement project association has prepared a management and disposal plan (draft) and passed a resolution of a general meeting of association members pursuant to the Urban Improvement Act and the articles of association (Article 24 (3) 10 of the Urban Improvement Act), and the defendant presented a management and disposal plan (draft) as an agenda item of the general meeting of association members and passed a resolution of the general meeting of association members, and the fact that the above approval was publicly notified after

As can be seen, if there is a dispute over the management and disposition plan authorized through a resolution of the general meeting of partners, the part of seeking confirmation or revocation of the management and disposition plan, which is an administrative disposition by the reconstruction project association, may be claimed as a violation of Article 48 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions, by asserting the procedural requirements such as the failure to meet the quorum, etc., or seeking confirmation of invalidity or revocation of the resolution of the association on the management and disposition plan by means of administrative litigation, and cannot be claimed as a civil lawsuit for the confirmation of invalidity of the resolution on the management and disposition plan. Thus, the part of seeking confirmation of invalidity of the

However, Article 7 of the Administrative Litigation Act only stipulates that an administrative litigation shall be transferred to the competent court by applying Article 34(1) of the Civil Procedure Act in a case where the administrative litigation is wrong without the plaintiff's intention or gross negligence. It is desirable in terms of the remedy of the party's right or the litigation economy to transfer it to the competent court rather than to dismiss the lawsuit of violation of jurisdiction as unlawful. The purport of the plaintiffs' claim seeking nullification or revocation of the management and disposition plan's resolution is to include the purport of seeking nullification or revocation of the management and disposition plan's resolution. Thus, if it is necessary to seek nullification or revocation as a means of administrative litigation, it is required to transfer

Therefore, even if the plaintiffs' claim for nullification of the management and disposal plan resolution is clearly filed as an administrative litigation because it is clear that the plaintiffs' claim for nullification of the management and disposal plan resolution satisfies the requirements of litigation as an administrative litigation, it should not be dismissed and transferred to the competent court, unless it is an unlawful lawsuit (see Supreme Court Decision 95Da28960 delivered on May 30, 1997).

5. Conclusion

Therefore, the part seeking confirmation of invalidity of the plaintiffs' resolution of the management and disposition plan of this case shall be transferred to the Seoul Administrative Court, which is the competent court for the administrative litigation, and each claim for confirmation of invalidity of the resolution of the president of the association and the resolution of the contract for the construction work (this case) shall be dismissed, respectively, as it is without merit. Thus, the first instance court's deliberation and determination by the civil procedure under the premise that the part seeking confirmation of invalidity of the resolution of the management and disposition plan of this case is subject to civil litigation is in violation of the exclusive jurisdiction, and thus, the part seeking confirmation of invalidity of the resolution of the management and disposition plan of the first instance court shall be revoked, and the claim corresponding to the cancellation portion shall be transferred to the Seoul Administrative Court, and

Judges Ko Young-han (Presiding Judge)