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(영문) 창원지방법원마산지원 2019.10.16 2018가합100595
총회결의무효확인의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant Cooperative is a housing redevelopment and maintenance project partnership under the Act on the Maintenance and Improvement of Urban Areas and Residential Environments, which completed the establishment registration with the approval of establishment around March 2012 for the purpose of implementing a housing redevelopment and rearrangement project whose housing redevelopment project with the area of housing redevelopment and rearrangement as the area of housing redevelopment and rearrangement, which covers the area of 67,582 square meters of the total area of

B. On July 15, 2017, the Defendant Cooperative passed a resolution on each of the items listed in the separate sheet at the ordinary meeting held on July 15, 2017 (hereinafter “instant general meeting”); among them, the selection of a business agent (trust) and the delegation of contract conclusion (Article 7), the selection of a collaborative company, and the confirmation of the conclusion of contracts (Article 9).

C. The Defendant Union’s selection of the contractor of the Defendant Union (related to the agenda No. 7) was selected as the initial contractor, but it did not cooperate with D, etc., but held a board of representatives on November 14, 2016, when the contract termination and the selection of a new contractor, it is the method that the contractor either lends necessary expenses to the association or provides joint and several sureties with respect to the obligations of the association to the financial institutions of the association, and if the apartment is not sold out, it is the method that the contractor and the partnership share the losses. It may reduce conflicts through a transparent project management by utilizing the expertise of the trust agent (trust), the trust company’s expertise, and the ability to procure maintenance cost, and strengthen the negotiating power for the specialized project management and the construction. The Defendant Union discussed the progress of the rearrangement project by participating in the trust company with respect to the workplace where the construction works take place on the grounds that it is difficult to secure an adequate return of profit. The Defendant Union failed to comply with the bidding on February 2, 2017.

3 E shall be March 13, 2017 to the Defendant Union.

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