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(영문) 대구지방법원 2018.10.12 2017가합204470
손해배상(기)
Text

1. The Defendants jointly share the amount of money indicated in the “personal fee” list for each Plaintiff’s prize in the annexed sheet to the Plaintiffs, respectively.

Reasons

1. Basic facts

A. Pursuant to Article 32 of the former Housing Act (amended by Act No. 13435, Jul. 24, 2015; Act No. 13805, Jan. 19, 2016; hereinafter the same shall apply), the Committee for Promotion of the Regional Housing Association (hereinafter referred to as the “former Promotion Committee”) is an organization organized to promote the establishment, etc. of a regional housing association that newly constructs an apartment (hereinafter referred to as “instant project site”) in the Daegu Jung-gu Seoul Special Metropolitan City’s Housing Site Purchase Area 21,624 square meters, project size 20,175 square meters (hereinafter referred to as “instant project site”).

Meanwhile, Defendant S District Housing Association Promotion Committee (hereinafter “Defendant Promotion Committee”) was established on November 10, 2015 by holding an inaugural general meeting. On December 22, 2015, the application for authorization to establish a regional housing association was filed with the head of Daegu-gu Seoul Metropolitan City on December 22, 2015, but failed to submit supplementary documents even after being notified of supplementary matters on August 11, 2016.

According to the articles of association enacted at the above general meeting of the defendant promotion committee, each of the articles of association Nos. 14 and 9, the articles of association are attached to the articles of association established at the director general of the inaugural general meeting, and the articles of association are deemed to have been adopted at the general meeting.

Article 1 of the Addenda stipulates that the act performed by the former promotion committee on the establishment of the association and the implementation of the project before the date of authorization to establish the association shall be regarded as succeeded by the

In light of the bylaws of the association established by the inaugural general meeting as above and the composition of its executives, etc., the Defendant Promotion Committee only did not obtain authorization for the establishment of a housing association under the Housing Act, and its substance appears to be a regional housing association.

However, notwithstanding the substance of both the plaintiffs and the defendant promotion committee, they still use the name "S District Housing Association Promotion Committee", and thus, the name is followed.

On the other hand, the former promotion committee established by the defendant promotion committee, but it terminated.

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