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(영문) 대구지방법원 2016.12.20 2016구합22577
조합설립인가무효확인등
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

1. Details of the disposition;

A. On October 20, 2015, the Daegu Metropolitan City Mayor publicly announced the Daegu Metropolitan City as a housing reconstruction improvement zone and publicly announced the D Il-gu 37,351 square meters (hereinafter “instant rearrangement zone”).

B. On May 28, 2016, the Promotion Committee for the Establishment of the B Housing Reconstruction Project Association (hereinafter “instant Promotion Committee”) held an inaugural general meeting and resolved on the agenda, such as the determination of the articles of association, resolution for the reconstruction project, and the appointment of the president and executive officers of the association. At the time, the articles of association established at the time prescribed that the association shall select the contractor “after obtaining authorization for the

(Article XII(1)(c).

The instant promotion committee filed an application with the Defendant for authorization to establish an association, along with the modified articles of association, to select the work executor “after obtaining authorization to establish an association,” unlike the articles of association finalized at the general meeting regarding the time for the selection of the work executor. On July 8, 2016, the Defendant approved the establishment of the Intervenor joining the Defendant (hereinafter “Supplementary Intervenor”) pursuant to Article 16(2) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on the ground that there was 658 consent (92.5% consent rate) from among the owners of land, etc. in the instant improvement zone from

(hereinafter “instant disposition to establish the association”). D.

As owners of land, etc. in the instant improvement zone, the Plaintiff agreed to establish an association and became its members, and on August 27, 2016, the Plaintiff prepared and submitted a written consent to amend the articles of association at the extraordinary general meeting of the Intervenor’s association, which is subject to the amendment of

E. On September 2016, the Intervenor Union: (a) amended its articles of association in the same content as stated in attached Table 1, including a provision that requires the selection of a contractor according to the time and method stipulated in Article 11 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents; and (b) changed the number of its members due to new joining and change of name (from 685 to 686).

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