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(영문) 인천지방법원 2017.09.14 2017구합50137
사업시행(변경)계획무효확인등
Text

1. On November 21, 2016, the Defendant confirms that the project implementation plan (revision) approved by the vice-market was invalid.

2...

Reasons

1. Basic facts and circumstances of dispositions;

A. Resolution - Resolution on the process of implementing the Housing Redevelopment Improvement Project in Zone B (hereinafter “instant project”) - the approval of the promotion committee on December 17, 2006 - the approval of the establishment of the promotion committee on December 4, 2009 - Resolution on the extraordinary general meeting on August 27, 201, and the project implementation plan on August 27, 201 - the approval for the implementation of the project on December 23, 201 (1) - the approval for the implementation of the extraordinary general meeting on July 9, 2016 (hereinafter “instant extraordinary meeting” or “instant general meeting”), the plan for implementing the project (2nd; hereinafter “instant project implementation plan”). Resolution on November 21, 2016 (2nd)

B. The defendant is the redevelopment and consolidation project partnership that obtained the authorization of establishment pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), and the plaintiff is a person who succeeded to the status of a member pursuant to Article 9(5) of the defendant’s articles of incorporation after

C. (1) The Defendant decided to hold the instant special meeting on July 9, 2016 and sent a guide book on the instant special meeting to its members by registered mail.

In the above guidance book, five agenda items are presented for the resolution of the special meeting. Of them, the agenda item No. 1 of Part II is "case of modification of the business execution plan", "case of modification of the articles of association and operating rules of the association", and the agenda item No. 3 is "case of approval of the association budget(s)".

(2) The "case of modification of a project implementation plan" which is an agenda referred to in subparagraph 1 of Part II is accompanied by a detailed statement of modification of a project implementation plan, a drawing related to modification, and a draft plan.

The main content is 16.81% increase (29.08% to 245.89%), the number of households 349 households (1648 households to 1997 households), the usual change of some households (188 households to 49-type 0 households, 59-type 359 households to 952 households, 84-type 924 households to 697 households, 99-type 41 households to 41 households, from 114-type 40 households to 0 households), etc.

Detailed details shall be attached Form 1.

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