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(영문) 인천지방법원 2018.07.20 2017구합53969
총회의결무효확인 청구의 소
Text

1. All plaintiffs' lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant is, in order to implement a housing redevelopment improvement project (hereinafter “instant project”) with a size of 97,258 square meters as an improvement zone located in Sincheon-gu B in Seocheon-gu, Seocheon-gu (hereinafter “B”), the Housing Redevelopment and Improvement Project Association approved on December 4, 2009 and completed the establishment registration on December 9, 2009. The Plaintiffs are the owners of land and buildings within the instant project zone or the persons with superficies (hereinafter “owners of land, etc.”).

B. On December 26, 201, the Bupyeong-do Mayor approved and publicly announced a project implementation plan (hereinafter “instant project implementation plan”) stating the implementation period of the rearrangement project as “60 months from the authorization date of the project implementation”) and indicating the implementation period of the rearrangement project as “60 months from the authorization date of the project implementation” on November 21, 2016 as “60 months from the authorization date of the project implementation” and approved and publicly announced the project implementation modification plan (hereinafter “instant project implementation modification plan”).

C. The Defendant received the application for parcelling-out from the owners of land, etc. for a fixed period from January 5, 2017 to February 13, 2017, and the Plaintiffs did not apply for parcelling-out.

On May 27, 2017, the Defendant held a general meeting of the 2017 ordinary meeting (hereinafter “instant general meeting”) on May 14:00, and deliberated and resolved on five items including the items in subparagraph 4 of the purport of the claim. The Defendant did not notify the Plaintiffs of the convocation on the ground that they are cash clearing agents.

[ table] An agenda item No. 1: An agenda item No. 2 of the approval of the Election Commission's composition and election management plan for the appointment of a director substitute: An agenda item No. 3 of the appointment of a director substitute: An agenda item No. 4 of the approval of the 2017 union budget (cooperative operation expenses and maintenance project expenses): The agenda item No. 5 of the resolution of this case for the approval of the plan for the management and disposal plan of a cooperative (service) for a housing redevelopment project in A: there is no dispute over the selection of a cooperative (service) for a plan for the management and disposal of a housing redevelopment project in A; and the statement No. 1 through 4

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