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(영문) 인천지방법원 2013.05.31 2012구합5569
관리처분계획무효확인 등
Text

1. All of the plaintiffs' lawsuits against defendant vice-markets are dismissed.

2. The plaintiffs' defendant.

Reasons

1. Details of the disposition;

A. The defendant association is a housing reconstruction and rearrangement project association established for the purpose of the housing reconstruction and rearrangement project (hereinafter referred to as the "project of this case") on the scale of 101,987 square meters for the R of 101,987 square meters in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, and obtained authorization to establish an association from the defendant market on July 13, 2007, and the plaintiffs and intervenors

B. On November 28, 2007, the defendant union held a general meeting of the members and passed a resolution on the case of the conclusion of this contract with the contractor (the case of subparagraph 1) and the case of the establishment of the first management and disposal plan (the case of subparagraph 2) with the contractor with the content of the so-called share system in which the payment of the construction cost is made by payment in kind, and the defendant union approved the above management and disposal plan on January 25, 2008.

C. On July 25, 2009, the Defendant Union decided to change the contents of the instant contract entered into with the contractor by holding a general meeting of its members to a fixed-amount contract system. On December 29, 2009, the Defendant Union held a general meeting of its members to decide on the modification of the contract for construction and the modification of the management and disposition plan (the agenda item No. 5) containing the above contents, and entered into a new contract for construction with the contractor on January 13, 2010, in accordance with the above general meeting resolution.

On August 28, 2010, the Defendant Union held a general meeting of partners and passed a resolution on the amendment of the management and disposal plan including the details of the change of the average contributions of members of each square plan newly calculated as a result of the change of the construction contract into a contract system (Article 3) and the case of the decision on whether to grant the members an opportunity to change the application for parcelling-out as a result of this decision (Article 2). The agenda item 3 was passed with the consent of 678 of the total number of members, among the 1,038 members.

E. After December 27, 2010, the defendant market is above D upon the application of the defendant union.

established as described in the subsection.

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