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(영문) 서울서부지방법원 2017.01.19 2016가합31749
임시총회결의부존재확인
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Facts under the basis of facts may be found either in dispute between the parties or in each entry in Gap evidence Nos. 1, 3, 9, 11, and 15 (including branch numbers if there are serial numbers; hereinafter the same shall apply) by integrating the whole purport of the pleadings.

1) The Defendant’s implementation of a housing redevelopment project on August 12, 2012 in Yongsan-gu Seoul Metropolitan City, approximately 186,781 square meters, for the purpose of implementing the housing redevelopment project on August 12, 2012.

A) A redevelopment association with authorization for its establishment pursuant to the Act is a redevelopment association with total of 1,538 members, and the Plaintiff is a member of the Defendant’s association. On the other hand, the part relating to the instant case in the Defendant’s articles of association is as follows.

Article 9 (Qualification, etc. for Cooperative Members) (1) Members shall be the owners of land or buildings within the project implementation district or persons with superficies thereof (hereinafter referred to as "owners of land, etc.").

(3) In cases where one household or the same person owns the ownership or superficies of two or more lands or buildings, regardless of the number thereof, it shall be considered as one member.

(4) In any of the following cases, one member representing the relevant several persons shall be deemed to be the member:

In such cases, the representative shall be designated as the representative member, and a written consent to the appointment of the representative member in attached Form shall be prepared and reported to the Cooperative, and the juristic act as a member shall be conducted by the representative member.

1. When the ownership and superficies of the land or buildings belong to several co-owners;

2. Where several owners of land, etc. belong to one household, spouse and unmarried lineal descendants under 20 years of age who are not registered on the resident registration card of the same household shall be deemed to belong to one household, and even when several owners of land, etc., who have made up one household separate the household and do not belong to the same household after authorization is granted to establish the association, they shall be deemed to belong to one household, excluding divorce and the branch family of children

3. Land or land from one owner of land, etc. after authorization to establish the association.

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