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(영문) 대구고등법원 2015.05.01 2014누5775
조합총회결의무효확인
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The defendant is the party. 1) The defendant is Daegu-gu B apartment (hereinafter "the apartment of this case").

2) A reconstruction project (hereinafter referred to as “instant project”)

) The former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 12640, May 21, 2014; hereinafter “Urban Improvement Act”) for the purpose of implementing the Act.

The head of the Seo-gu Metropolitan City on February 12, 2010 (hereinafter referred to as the "head of the Gu") shall be the reconstruction association established pursuant to the Act.

(2) The Plaintiff is the Defendant’s member as the owner of the instant apartment 7 Dong-dong 408, and completed the establishment registration on the 24th day of the same month with the authorization to establish the association.

B. Resolution 1 on March 9, 2013, the Defendant: (a) held a general meeting of shareholders; (b) held a project implementation plan; and (c) the selection of contractors; and (d) held a general meeting of shareholders at the large conference of Q five stories located in QV in the Daegu-gu P of Daegu-gu P (hereinafter “instant general

(2) The Defendant directly adopted a resolution on the amendment of the articles of association, the amendment of the articles of association, and the establishment of the election management regulations (as referred to in Part I (as referred to in Part I (as referred to in Part I (1) 1), the cases of approval (as referred to in Part I 2), the cases of election of executive officers (as referred to in Part I 3), the cases of termination of the contract of the existing maintenance business entity (as referred to in Part I 5), the cases of approval of the selection of appraisal business entity and delegation of the contract (as referred to in Part I 6), the cases of the modification of the rearrangement plan (as referred to in Part I 7), and the cases of the resolution of the project implementation plan (as referred to in Part I 7), the cases of delegation of the board of representatives (as referred to in Part I 8), the cases of selection of design business entities and delegation of contract, the cases of selection of the contractor and the cases of delegation of contract (as referred to in Part II 1) of the general meeting (as referred to in Part III 2).3).

3. Meanwhile, on the other hand.

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