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(영문) 부산지방법원 2017.06.15 2016가합50415
임시총회결의무효확인의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant obtained authorization on June 29, 2016 pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of implementing a housing redevelopment project in the Dong-gu Busan Metropolitan City, and was an association established on July 5, 2016, and was elected as the head of the inaugural general meeting for the establishment of the Defendant association on April 29, 2016.

B. On October 21, 2016, the Defendant held an extraordinary general meeting (hereinafter “instant general meeting”); 93 of 160 members, 160 members, attended a resolution to dismiss the Plaintiff from the head of the partnership with the consent of 87 members.

(1) Any person who intends to be entrusted by a promotion committee or a project implementer with matters falling under each of the following subparagraphs, or to provide advice related thereto, shall file for registration with the Mayor/Do Governor or make changes (excluding changes to insignificant matters prescribed by Presidential Decree) in accordance with the standards for capital, technical human resources, etc. prescribed by Presidential Decree:

Provided, That this shall not apply to government-invested institutions, etc. prescribed by Presidential Decree which conduct affairs related to rearrangement projects, such as housing construction and appraisal.

1. Vicarious execution concerning the consents to partnership establishment and to rearrangement projects;

2. Vicarious execution of affairs concerning the application for authorization to establish an association;

3. Review on feasibility and preparation of an implementation plan for a rearrangement project;

4. Support for the business to select the designer and work executor;

5. Vicarious execution of affairs concerning application for authorization for project implementation;

6. Vicarious execution concerning the formulation of management and disposal plans;

7. Where the head of a Si/Gun has selected a specialized management business entity for rearrangement projects under Article 77-4 (2) 2, the following affairs necessary for establishing the promotion committee:

(a) Demand for written consent;

(b) Assistance in formulating operating rules;

(c) Other matters prescribed by municipal ordinance;

C. Of the Urban Improvement Act and the articles of incorporation of the Defendant Union, this case.

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