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(영문) 수원지방법원 안산지원 2018.11.15 2018고정350
도시및주거환경정비법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant shall undergo a prior resolution at a general meeting in order to conclude a contract to become a partner in addition to the matters prescribed in the budget as the head of the association of the B Housing Reconstruction Project Association.

Nevertheless, on July 22, 2015, the Defendant entered into a contract to pay KRW 680,000 (excluding additional tax) for the disposal of real estate possession transfer price and the filing of a lawsuit for comprehensive title of real estate in relation to the promotion of relocation of housing reconstruction improvement projects implemented by the E-certified judicial scrivener joint corporation and the Fow in Ansan-si with the party to the B Housing reconstruction and Improvement Project Association at the office of the Dong-gu Seoul Building D, Ansan-si, Ansan-si, without the prior resolution of the general meeting.

Accordingly, the defendant, as a member of the B Housing Reconstruction Project Association, voluntarily promoted the project to be borne by the members in addition to the matters determined by the budget without going through the resolution of the general meeting

Summary of Evidence

1. Partial statement of the defendant;

1. Determination as to the assertion of the responsible person, the accused, and the defense counsel in the contract, including the lusence lawsuit, and the ordinary general meeting of the year 2015 ( June 15, 2015)

1. The assertion;

A. On June 15, 2015, the budget for the maintenance project cost in each item of reserve fund in preparation for the increase of the estimated amount of expenditure due to the implementation of an unexpected project [not] was resolved [this]] under the title of the case of operating expenses and budget of the union at the ordinary general meeting of shareholders [n] at the ordinary meeting of shareholders, and under the title of the case of approval, 2.5 million won as the litigation cost for various litigation costs, such as a claim for sale and an express lawsuit, etc., [n]. The above budget for the maintenance project cost in each item of reserve fund [n] was resolved]. Even if the contract in the holding (hereinafter "the contract in this case") exceeds the amount set forth in the budget of "all litigation costs, such as a claim for sale and an express lawsuit, etc.," the contract in this case is within the scope of the above reserve fund, and thus, it was partially amended by Act No. 13508, Sep. 1, 2015.

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