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(영문) 서울행정법원 2018.05.25 2017구합61669
대의원회결의 무효확인
Text

1. All plaintiffs' lawsuits are dismissed.

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

Reasons

1. Basic facts

A. On December 1, 2011, the Defendant is a housing redevelopment and consolidation project association that obtained authorization from the head of Eunpyeong-gu Seoul Metropolitan Government on December 1, 201 for the purpose of implementing a housing redevelopment and rearrangement project by making the Eunpyeong-gu Seoul Metropolitan Government E and the F one 12,042 square meters as a project implementation district, and the Plaintiffs are the members of

B. On January 26, 2017, the Defendant obtained authorization for the implementation of the project from the head of Eunpyeong-gu Seoul Metropolitan Government.

C. On January 9, 2017, the president G of the Defendant’s association announced the convening of the board of representatives with the following contents.

The date and place - the date and time: 30 o'clock 30 o'clock - the place on January 17, 2017: The items referred to in subparagraph 1 of the defendant's agenda subject to the attendance at H community credit cooperatives (Seoul Eunpyeong-I): The items referred to in subparagraph 2 of the selection of a contractor for the calculation of construction costs and the delegation of the conclusion of contracts: The items referred to in subparagraph 3 of the appointment of a contractor (including the time of a general meeting for the selection of a work executor) and a public relations agency for a regular period of 2017 (including the time of a general meeting for the selection of a work executor) and the cases referred to in subparagraph 4 of the delegation of the conclusion of contracts: the items referred to in subparagraph 5 of the case of a claim for counterclaim (request for damages): The

D. On January 17, 2017, around 13:00 on January 17, 2017, on the day the board of representatives was held, members, who oppose to the holding of the board of representatives, engaged in demonstration by using a loudspeaker, etc. in front of the H community credit cooperatives, the meeting place, and the head of H community credit cooperatives prohibited the use of the office around 14:10

Accordingly, around 15:23 of the same day, G of the Defendant’s president of the partnership is publicly announced in the Internet bulletin board of the clean system for redevelopment and reconstruction of the Seoul Special Metropolitan City, and “In the office of H community credit cooperatives, the meeting place of the council of representatives, the opposing members interfere with the operation of community credit cooperatives and avoid disturbance, thereby preventing the use of the office of the president of H community credit cooperatives. Therefore, the meeting shall be held again at the association office of Eunpyeong-gu (Seoul Eunpyeong-gu J 2) on January 17, 2017 after changing the meeting place and meeting time.”

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