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(영문) 울산지방법원 2019.04.25 2018가합25362
총회결의무효확인 등 청구의 소
Text

1. The Defendant’s additional charges of approximately KRW 28,305,00 per household of a partner at an extraordinary general meeting on November 30, 2017.

Reasons

1. Basic facts

A. The Defendant is a regional housing association established for the purpose of carrying out a new housing construction project that newly constructs c apartment 858 households (hereinafter “instant apartment”) on the ground of 117 square meters on the lot of 10,497 square meters in Ulsan-gu B B, Ulsan-gu, Ulsan-gu, and the Plaintiffs are the members of the Defendant.

B. The apartment of this case consists of 11 units, 2 floors underground, and 21 floors above ground, and each square is composed of 338 square meters-type 72 square meters-type 338 households, 77 square meters-type 519 households, and 84 square meters-type 858 households in total. The Defendant set the sales price at a rate of 180 million won from 180 million to 25870,000 under various conditions, such as the square and number of floors, and all the plaintiffs were sold in lots the apartment of this case.

C. On November 30, 2017, the Defendant held an extraordinary general meeting and resolved on the following: (a) the Defendant held a resolution to the effect that “inasmuch as the additional charges imposed by partners amounting to approximately KRW 24,144,450,00 due to the increase in site expenses, construction expenses, design authorization and permission expenses, taxes and public charges, financial expenses, etc., on the part of the agenda item 1 (case of an amendment to the budget bill for a project), KRW 28,305,00 shall be imposed on each partner’s household; (b) the Defendant held an extraordinary general meeting on August 13, 2018; and (c) held an extraordinary general meeting on the part of the agenda item 2 (case of an amendment to the budget bill for a project), as the increase in site expenses, construction expenses, design expenses, authorization and permission expenses, financial expenses, etc., KRW 4,589,230,000 shall be imposed on each partner’s household.”

(hereinafter collectively referred to as “each of the instant resolutions”) D.

The Defendant imposed 33,690,000 won each of the additional charges to the Defendant’s members by each resolution of the instant case, and the Plaintiffs paid the full amount of the additional charges to the Defendant.

E. Meanwhile, among the Defendant’s union bylaws (hereinafter “instant bylaws”), the contents pertaining to the instant case are as follows.

Article 37 (Imposition and Collection of Charges) (1) of the rules of the defendant association.

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