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(영문) 서울북부지방법원 2017.05.26 2016노1793
도시및주거환경정비법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact-misunderstanding or misapprehension of legal principles, the Defendants did not perform the duty of demanding written consent form, as stated in the lower judgment, merely received contract fees by being entrusted individually in relation to each general meeting, as a simple human resources supply that collects written resolution from the Defendants.

The work performed by the defendants is merely a job for the recovery of the general meeting's written resolution and the publicity of the general meeting, and it does not require expertise to be performed only by the maintenance business management company.

It cannot be deemed that the Defendants’ instant affairs are included in the scope of duties that only the specialized management companies for rearrangement projects can perform.

Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, thereby finding all of the charges of this case guilty.

B. The sentence sentenced by the lower court to the Defendants is too unreasonable.

2. Determination

A. Article 69(1)1 of the Act on the Maintenance and Improvement of Urban Areas and Residential Environments (hereinafter referred to as the “Act”) provides for the “Act on the Maintenance and Improvement of Urban Areas and Dwelling Environments (hereinafter referred to as “Act on the Maintenance and Improvement of Urban Areas”) as necessary to register the specialized management business.”

In light of the structure of, and the purport of, the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions, the term “agreement for a rearrangement project” in the relevant provision shall not be construed to include all agreements related to a rearrangement project, i.e., the expression of intent at a general meeting, and shall not be construed to include the expression of intent at a general meeting regarding all agenda items. The term “agreement for the implementation of a rearrangement project” corresponding to the “agreement for the establishment of an association” in the same subparagraph or at least the “agreement for the important elements of a rearrangement project”

Therefore, the resolution relating to the general assembly is written, or

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