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(영문) 서울서부지방법원 2015.01.22 2014가합4835
총회결의무효확인
Text

1. Of the instant lawsuit, the Defendant was on the agenda No. 3 at the ordinary meeting on February 3, 2013 (cases of amendment of the articles of incorporation).

Reasons

1. Basic facts

A. The Defendant is the Housing Redevelopment and Improvement Project Association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement a housing redevelopment project with the area of 64,453 square meters in Mapo-gu Seoul E zone as an improvement zone, and the Plaintiff (Appointed Party; hereinafter “Plaintiff”) and the designated parties are the owners of the land in the above improvement zone and the Defendant’s members.

B. On August 18, 2006, the Defendant selected GS construction as a contractor at the inaugural general meeting held by the Defendant’s general meeting, which was held by the Defendant’s general meeting, and decided on June 30, 2003, which was concluded between the said promotion committee and GS construction pursuant to the open competitive bidding, applied for authorization to establish a partnership with the head of Mapo-gu head of the land owner, etc. within the said project zone along with the draft consent for the establishment, and obtained the authorization from the head of Mapo-gu office on November 29, 2006 (hereinafter “instant authorization for establishment”).

On October 30, 2009, some members, including Plaintiff and Selection C, filed a lawsuit seeking confirmation of invalidity of the instant disposition approving the establishment of an association (Seoul Administrative Court 2009Guhap46146), and sentenced to dismissal on July 22, 2010, but on June 30, 2011, the appellate court (Seoul High Court 2010Nu27761) issued a judgment and accepted the petition on June 30, 201 on the ground that “this disposition approving the establishment of an association was null and void due to the significant and apparent defects that do not meet the consent requirements of the owners of land, etc. under Article 16(1) of the Act on the Improvement of Urban Areas and Dwelling Conditions.” On December 27, 2012, the appeal (Supreme Court 201Du19680) was dismissed.

C. As above, upon filing a lawsuit seeking confirmation of invalidity of the disposition approving the establishment of a partnership, the Defendant held a general meeting on May 8, 2010 and passed a resolution on the change of the establishment of a partnership, and drafted a new written consent from the members of the partnership on May 10, 2010.

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