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(영문) 서울중앙지방법원 2019.09.06 2018가합594447
공사도급계약 무효확인
Text

1. All plaintiffs' lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The plaintiffs are owners of land, etc. (the plaintiffs A and E are members of the association of this case, but it is unclear whether the remaining plaintiffs are members of the association of this case) within the "I rearrangement zone" (hereinafter referred to as "the rearrangement zone of this case") designated and publicly announced as 29,532 m2m2 in Gangnam-gu Seoul, Seoul HW Japan, and the defendant is the contractor who concluded the contract of this case between the association of this case

B. 1) Housing owners consenting to the establishment of the previous association under the former Housing Construction Promotion Act (including the establishment of the previous association under the former Housing Construction Promotion Act) shall be the former Housing Construction Promotion Act (amended by Act No. 6852, Oct. 1, 2003; hereinafter “former Housing Promotion Act”).

() For the purpose of establishing a reconstruction association pursuant to Article 44-3, an inaugural general meeting was held by 160 persons among 311 persons who agreed on April 10, 200 and passed a resolution with the consent of all members present at the meeting to construct a building of 92,790 square meters, building area of 5,484 square meters, building area of 29,779 square meters, 5,784 square meters in a site area (hereinafter “previous association”).

(2) On November 4, 2002, the previous union applied for a safety diagnosis of the said reconstruction zone to the head of Gangnam-gu Seoul Metropolitan Government (hereinafter “the head of Gangnam-gu”) by dividing the said reconstruction zone from J block to K block, and was decided on March 31, 2003 only as the object of J-L block safety diagnosis.

Since then, J-L block was notified by the head of Gangnam-gu on June 26, 2003 that it is subject to reconstruction.

Therefore, the previous union held a general meeting of 174 members among 316 members of the 316 members of the union (the increase of five members after the inaugural general meeting) on June 24, 2003, with the consent of all members present, changes the contents of the previous rebuilding resolution and reconstruction project (the proposal of subparagraph 4) and the J-L block which passed the safety inspection first.

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