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(영문) 부산고등법원 2016.12.23 2016누21961
총회결의무효확인
Text

1. The plaintiff's main claim that is changed in exchange at the trial is dismissed.

2.In exchange for the purpose of exchange at the trial.

Reasons

1. Details of the disposition;

A. On March 3, 2010, the Defendant is a housing redevelopment and rearrangement project association established with the approval of establishment from the head of the Busan Metropolitan Government Maritime Government on March 3, 2010 in order to implement a housing redevelopment project with Busan Maritime Daegu Do Governor as a project implementation district. The Plaintiff is the Defendant’s member who owns the housing redevelopment and rearrangement project association established with the approval of establishment from the head of the Busan Metropolitan Government Maritime Affairs Association. The Plaintiff is the Plaintiff’s member who owns the above site and building in Busan

B. The Defendant obtained the approval of the project implementation plan from the head of the Busan Metropolitan Government Shipping Authority on May 7, 2012 and the approval of the project implementation plan on October 25, 2012, and received the application for parcelling-out from the members from November 5, 2012 to December 18, 2012. The Plaintiff applied for parcelling-out of the instant land among the commercial buildings sold by the Defendant during the period for application for parcelling-out.

C. On May 25, 2013, the Defendant formulated a management and disposal plan based on the current status of application for parcelling-out by partners and obtained authorization from the head of the Busan Metropolitan City Maritime Authority on June 28, 2013. The above-authorized management and disposal plan (hereinafter “previous management and disposal plan”) is the buyer of the instant land.

On August 20, 2014, the Defendant issued a peremptory notice to the Plaintiff on August 20, 2014 that “The Plaintiff’s application for parcelling-out is against Article 24 of the Busan Metropolitan City Ordinance on the Maintenance of Urban and Residential Environments (hereinafter “instant Ordinance”) and the guidance for application for parcelling-out, and thus, revoked the parcelling-out.”

E. Accordingly, the Plaintiff filed a lawsuit against the Defendant in Busan District Court 2014Guhap22022, and the above court on June 11, 2015, the deprivation of the status of the buyer would significantly affect the rights of the union members, and it takes effect only through legitimate procedures, such as a resolution of the general meeting of the union members on the amendment of the management and disposition plan, and authorization of the competent authority, etc.

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