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(영문) 서울고등법원 2018.05.03 2017누70467
총회결의무효확인
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. The Defendant is the Housing Redevelopment Development Project Association established on November 18, 2008 in order to implement housing redevelopment improvement projects in the Seoul Special Metropolitan City JJ 35,140 square meters (hereinafter “instant rearrangement project zone”) and the Plaintiffs are owners of land, etc. in the said rearrangement zone.

B. On November 18, 2015, the Defendant held an ordinary general meeting (hereinafter “instant general meeting”) and decided on the application for approval of the project implementation plan and the application for authorization to implement the project (hereinafter “instant project implementation plan”) as an agenda item 5.

C. The Defendant declared that 197 members (including 55 members who directly attend the meeting after submitting a written resolution) from among 269 members (including 14 members who directly attend the meeting without submitting a written resolution) were present at the above general meeting of shareholders, and that 187 members (=197 - 4 members who directly attend the meeting after submitting a written resolution) have passed a resolution with the consent of 2/3 or more of the members by consenting to the agenda under subparagraph 5.

(hereinafter “instant resolution”). D.

The head of Gwanak-gu Seoul Special Metropolitan City, the competent authority, approved the project implementation plan of this case on September 28, 2017.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 2, 8, 9, 22 and 27 (including the serial number), the purport of the whole pleadings

2. As to the plaintiffs' claim for confirmation of invalidity of the resolution of this case by the lawsuit of this case as to the defendant's main defense of safety and the legitimacy of the lawsuit, the defendant's defense of safety that the confirmation has ceased to exist with the approval of the business action plan subject to the resolution of this case.

If the approval of the competent administrative agency on the project implementation plan or the management and disposal plan is announced publicly, it has the effect of the project implementation plan or management and disposal plan as an administrative disposition. Therefore, if the effect of the project implementation plan or management and disposal plan is asserted on the ground of defects in the resolution of the general meeting on the project implementation plan or the management

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