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(영문) 대구고등법원 2019.12.12 2019나21980
이사회결의무효확인
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Defendant, etc. 1) 19,343.6 square meters in Daegu Jung-gu, Daegu-gu (hereinafter “Seoul-gu”) (hereinafter “Seoul-gu”) was reduced to 19,107 square meters in size.

In the reconstruction improvement project (hereinafter referred to as the “instant project”)

(2) In order to implement the instant project, the Plaintiff is a housing reconstruction and improvement project association with authorization for establishment on March 9, 2005, authorization for project implementation on September 7, 2005, and authorization for project implementation on June 11, 2015. (2) The Plaintiff was a member of the Defendant’s association holding each of the instant project area the size of 139 square meters in Daegu-gu, Daegu-gu, and its ground wooden and its ground wooden tanks, and the first floor and neighborhood living facilities [29.09 square meters in single floor, 36.63 square meters in single floor, 29.0 square meters in second floor, 4 square meters in first floor, 1st class 4 square meters in its ground, and 1st class 1 residential building and 28.46 square meters in its ground wooden and 1st class 24.4 square meters in its entirety, and the Intervenor’s Intervenor’s joining joining the Intervenor’s joining the Defendant’s land was combined with 360 square meters in total land before December 11, 26.

B) The Plaintiff was merged on May 23, 2006, and JJ 145 square meters (JJ 145 square meters) prior to the merger in the instant business area.

B) On July 31, 2015, the Plaintiff and the Intervenor filed an application for the sale of housing units with the Defendant as “60 square meters” and “59 square meters A-type housing units with respect to the two buildings on the land of the Plaintiff and the Intervenor for the sale of land.” (B) On July 31, 2015, the Plaintiff filed an application with the Defendant for the sale of housing units of “60 square meters” and “60 square meters” with respect to H land and its ground buildings. (3) The Plaintiff filed an application for the sale of housing units of “60 square meters.”

2. On July 10, 2015, the intervenor filed an application with the Defendant for the sale of "90 square meters of "JJ 145 square meters in relation to the building and its ground."

3) After going through an appraisal of two appraisal corporations concerning the land, etc. of the plaintiff and the intervenor, the defendant notified the plaintiff and the intervenor of the value of the previous assets as follows. The value of the previous assets of the land and the building on the ground (the value of the previous assets before the merger of the plaintiff and the intervenor);

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