Wonju*********

Partnership Head of Partnership* by proxy**

Attorney**

Wonju*******

According to the records, the following facts are substantiated.

A. The applicant cooperative is a cooperative (85 members) established to implement a housing redevelopment project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, and the respondent is a member of the applicant cooperative.

B. On April 19, 2007, the respondent convened an extraordinary general meeting of the union members on May 3, 2007 (hereinafter “the instant extraordinary meeting”) with 22 other union members on April 19, 2007 to resolve all the executive officers of the applicant union.

2. Applicant's assertion

The Claimant asserts that the convening of the special meeting of this case should not be held on the following grounds, because the Claimant’s articles of association are assigned to the Claimant’s association.

(1) A union member may directly convene a general meeting only if the president does not convene the general meeting within one month without good cause, and the auditor does not convene the general meeting, but the respondent did not request the president of the union to convene the general meeting.

(2) Although a partner requested the convening of a general meeting, but the president and the auditor do not convene the general meeting without justifiable grounds, the partner may convene the general meeting with approval from the original market, but the respondent did not obtain approval from the original market.

(3) In convening an extraordinary general meeting, notice of the purpose, agenda, date, time, and place of the meeting shall be posted on the bulletin board from 14 days before the meeting is held, and such notice shall be given to the members by registered mail at least seven days before the meeting is held, but the respondent did not notice the purpose, etc. of the meeting and did not give guidance.

3. Determination

The applicant union was registered as the principal of the union ** but the new office of this case was filed on behalf of the principal of the union *** on behalf of the principal of the union * * on behalf of the applicant union * * * on whether there is a legitimate authority to represent the applicant union *

The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents is not specifically prescribed in the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents when the head of a partnership is in his/her position and when the head of a partnership is unable to perform his/her duties or when the head of a partnership becomes unable to perform his/her duties due to resignation or dismissal. Therefore, the articles of

(1) The officers shall consist of one president of the partnership, five to ten directors, and one to three auditors.

§ 15(1).

(2) Officers shall have the attendance of a majority of the members at the meeting and the consent of two-thirds of the members present at the meeting.

shall be appointed from among the members (Article 15(2)).

(3) Where the head of an association is unable to perform his duties due to his failure, etc., the person whose director is extended.

by reason of the net performance of its duties (Article 16(6)).

(4) If an officer resigns or is dismissed, 16 to 20 persons elected from among the members.

A council of representatives comprised of representatives (the executive officers of an association other than the head of an association shall not become a representative);

to appoint a new officer without delay (Articles 15(2), 18(2), and 24)

section 1, 2, 3).

(5) In the event that an officer resigns or is dismissed, such officer shall resign until he is appointed.

When an officer or dismissed is deemed inappropriate to perform his/her duties;

The performance of his duties shall be suspended by a resolution of the board of directors or the board of representatives, and the president of the partnership shall be officers

(2) The president of an association may resign or dismiss a person who shall temporarily perform his or her duties;

an auditor may appoint a person who shall temporarily perform the functions of the president of the partnership (Article 18).

§ 4).

As such, the applicant cooperative shall divide the cases where the president of the cooperative is unable to perform his/her duties and no person has been removed from office due to the resignation or dismissal of the president of the cooperative. In the case of the former, a new president of the cooperative shall be appointed without delay. In the case of the latter, the president of the former cooperative shall perform his/her duties until the new president of the cooperative is appointed, and in the case where the president of the former cooperative is deemed inappropriate to perform his/her duties, the auditor shall appoint a person to temporarily perform the duties of the president of the cooperative and have him/her temporarily perform the duties of the president of the cooperative. According to the records, the applicant cooperative shall be able to recognize the resignation of October 2006 ******* in order for the applicant cooperative to have legitimate authority to represent the applicant cooperative ** the applicant's board of directors or the board of representatives after this resignation * the head of the association shall make a resolution to suspend his/her duties ** the head of the association's temporary appointment procedure* the procedure for appointment of the auditor** the above.

4. Conclusion

Therefore, *** The instant application filed on behalf of the applicant association as the representative of the president of the association is unlawful as an application by a person without representative authority. In the event that the instant application is filed on April 26, 2007 to prohibit the holding of a temporary general meeting as of May 3, 2007 and is examined on a opening date, the instant special meeting cannot be held before the decision is made and the purpose of the provisional disposition cannot be achieved. Thus, the date of pleading or the respondent fails to hold the date of hearing and make a decision as per the order.

April 30, 2007

***

***