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(영문) 서울중앙지방법원 2015.01.22 2014노2869
도시및주거환경정비법위반
Text

The judgment of the court below is reversed.

The sentence of punishment against the Defendants shall be suspended.

Of the facts charged in the instant case, attached Form.

Reasons

The summary of the grounds for appeal (the summary of oral argument submitted after the deadline for submitting the grounds for appeal shall be examined only to the extent it supplements the grounds for appeal submitted within the lawful deadline) since all contracts entered in Nos. 19 through 25 of the annexed Table of Crimes charged in this case are concluded through the resolution of the general meeting, all of which are subject to the judgment of the general meeting, and thus, the acquittal

Judgment

"Contract that becomes a partner's burden, other than the matters stipulated in the budget" in Article 24 (3) 5 of the Act on the Improvement of Urban Areas and Dwelling Conditions for Residents means a contract that imposes a burden on the expenses of a partner by paying money or making a debt outside the items and scope set forth in the budget of

(See Supreme Court Decision 2010Da105112 Decided April 28, 201). Meanwhile, Article 85 Subparag. 5 of the Urban Improvement Act provides that “a contract that becomes a burden on a cooperative, other than the matters stipulated in the budget, shall undergo a resolution by a general meeting.” The purport of Article 85 Subparag. 5 of the same Act, which provides that an executive officer of a cooperative who has entered into an “contract that is a burden on a cooperative, other than the matters stipulated in the budget, shall be punished without a resolution by the general meeting, is to ensure procedural guarantees so that the intent and content of the contract that the cooperative intends to carry out is directly affected by the rights and obligations of the union members and the intent of the union members can be reflected. Therefore, where a contract that becomes a burden on a union member is entered into, the purpose and content of the

(See Supreme Court Decision 2009Do14296 Decided June 24, 2010). In addition, the term “budget” refers to “plan containing all revenues and expenditures during a fiscal year,” and thus, the term “budgets” refers to “plan containing all revenues and expenditures during a fiscal year.” Thus, the association refers to a management and disposal plan proposal stating the estimated total project cost amount.

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