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(영문) 대구지방법원 2018.03.30 2017가합203132
조합장 선임결의 무효 확인의 소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On July 14, 2006, the LAD Promotion Committee for the Establishment of the Small and Medium Enterprise Redevelopment Project (hereinafter “instant Promotion Committee”) was designated by the head of the Gu in Daegu Metropolitan City as the project implementation zone, and was approved by the head of the Gu as the chairperson of the Daegu-gu NJ. The Daegu Metropolitan City publicly notified P on April 1, 2013, and the Daegu Metropolitan City Mayor publicly notified the designation of the said zone as the housing redevelopment improvement zone. On December 18, 2014, the Daegu Metropolitan City publicly notified the fact that the said zone was designated as the housing redevelopment improvement zone. On December 22, 2014, the Daegu Metropolitan City publicly notified the fact that the project area of this case was modified to Qugu publicly notified as the housing redevelopment improvement zone.

B. On October 19, 2015, the president of the instant promotion committee received the notification from the head of the Gu of the Daegu Metropolitan City on the “hump warning and suspension of matters in violation” and the recommendation to change the president of the promotion committee, and voluntarily resigned on October 29, 2015.

C. From November 17, 2015 to December 10, 2015, 105 owners of the land, etc. within the instant project zone were jointly placed with the intent to convene a residents’ general meeting. M requested the head of Daegu Metropolitan City to convene a residents’ general meeting, along with a joint proposal for convening at least 1/5 of the owners of the land, etc. among the owners of the land, etc. among Daegu Metropolitan City on December 10, 2015, and the head of Daegu Metropolitan City approved it on December 14, 2015.

M notified of the public announcement and notice for the recruitment of members of the promotion committee on December 23, 2015. On December 28, 2015, 2015, M drafted “application for membership of the promotion committee for the establishment of the promotion committee for the establishment of the promotion committee for the promotion of the establishment of the promotion committee,” indicating “A” in “A column,” and written “A” in “A column,” and “A” in the promotion committee for the establishment of the promotion committee for the redevelopment of the housing,” and on December 31, 2015, announced the convocation of the residents’ general meeting (hereinafter “instant general meeting”).

On the other hand, the promotion committee of this case (the representative acting for the chairperson) shall be on January 6, 2016.

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