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(영문) 수원지방법원 2019.03.28 2017가합14614
대의원회결의무효확인
Text

1. Of the instant lawsuit, Article 18(2) of the Rules on Land Substitution and Land Price among the resolution of the board of representatives dated August 3, 2016 by the Defendant.

Reasons

1. Basic facts

A. (1) On January 2, 2009, the GUG announced the “B proposal for designation of an urban development zone” with the content of the implementation of an urban development project by replotting in the wife population C. (2) On August 21, 2009, the Defendant was established to implement the said urban development project on August 21, 2009, and obtained the authorization of the establishment under the Urban Development Act on August 20, 209.

3) On August 18, 2011, the Yongsan-si market is an urban development project with replotting method in the area of land C with the wife population C 692,140 square meters as the Defendant’s project implementer (hereinafter “instant project”).

(B) Designation of an urban development zone, formulation of a development plan, and approval of an implementation plan were publicly announced pursuant to the Urban Development Act. B. Legal relationship related to retained buildings within an urban development zone 1)

(1) The written proposal in paragraph (1) contains the content that the E, F, G, H, and I, the owner of the above land and building, trusted the above land and building to J on October 15, 2009.

3) On July 16, 2012, the Defendant issued to E, F, G, H, and I a “written consent to land use” to the effect that the said land was determined as a retention facility in accordance with the Defendant’s land substitution plan and that the said land was consented to the use of the said land. 4) On March 26, 2015, the said land was divided into the instant land into the land with the wife population D, 4,629 square meters and K large 5,185 square meters.

(E) On March 27, 2015, the Plaintiff (Co., Ltd. prior to the change) (hereinafter “the instant land”) acquired the ownership of KRW 4,629 square meters from E, F, G, H, and I, the ownership of the instant trust property on March 27, 2015, and then M Co., Ltd. (hereinafter “M”).

(6) In addition, on March 27, 2015, the Plaintiff acquired each share of F, G, and H with respect to 5,185 square meters in the wife population K 5,185 square meters among the instant land, and on July 20, 2016, the Plaintiff acquired each share of E and I with respect to the said land.

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