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(영문) 수원지방법원평택지원 2019.12.12 2019가합11120
마을회의 결의 무효확인
Text

1. Of the instant lawsuit, the lawsuit seeking confirmation of invalidity of a resolution adopted at the Assembly on January 26, 2019 shall be dismissed.

2. The defendant dated March 30, 2019.

Reasons

1. Basic facts

A. The defendant is a non-legal entity company, which is a natural village comprised of residents living in Ansan-si.

A household belonging to the defendant Village Association is 110 households, and the plaintiffs are residents of the above T and are members of the defendant (members).

B. On February 9, 1981, the Defendant sold the land owned by the Defendant (hereinafter “instant land”) with the size of 906 square meters, V 866 square meters, and 3,412 square meters prior to W.

(2) On March 17, 2018, the Defendant decided to sell the instant land in KRW 290 million by holding a general meeting on March 17, 2018.

On March 17, 2018, the registration of ownership transfer was completed in the non-party X on April 12, 2018.

C. 1) The Defendant held a general meeting on January 26, 2019, while 68 of its members attended, the Defendant decided to distribute the land proceeds only to the residents in the T Village up to the present day from among those who reported the transfer registration of ownership in the instant land before February 19, 1981. (2) The Defendant held a general meeting on March 30, 2019, and decided to distribute the land proceeds only to the residents in the T Village up to the present day from among those who reported the transfer of ownership in the T Village prior to February 19, 201. (3) The Defendant held a general meeting on March 30, 2019, and 77 of its members are present at the meeting, while there was a resolution to distribute the land proceeds only to the residents in

3) On March 31, 2019, the Defendant: (a) held a steering committee; (b) decided to distribute KRW 2,300,000 to “a person who reported transfer to T on or before December 31, 1998, and a person who transferred from one house to one of the parents, and the parent,” respectively; and (c) announced the same on the same day; and (d) pursuant to the above resolution, 9 households out of 110 households belonging to the Defendant Village Association were allocated KRW 2,30,00 per household. The contents relating to the instant case in the Defendant’s articles of incorporation are as follows. Article 4 of the Articles of Incorporation (No. (No. 3) of the Defendant’s articles of incorporation of the Republic of Korea on June 30, 201 (Qualification for Membership) [No. 3] of the 1998.

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