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(영문) 서울중앙지방법원 2016.09.22 2016가합517064

임시총회결의무효확인

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1. The Defendant committed an extraordinary general meeting held on September 23, 2015 by the Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government Diplomatic Association of the third floor Diplomatic Association at an open general meeting.

Reasons

1. Basic facts

A. The Defendant is a housing reconstruction and improvement project association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the reconstruction of Seocho-gu Seoul Metropolitan Government B apartment (hereinafter “instant apartment”), and obtained authorization for the establishment from the head of Seocho-gu Seoul Metropolitan Government on October 10, 2013.

(hereinafter referred to as “Defendant Association”). (b)

On July 24, 2015, the Plaintiff purchased 1/10 of the instant apartment No. 42, 304 from E, and completed the transfer registration on July 27, 2015.

On August 17, 2015, the Plaintiff and E designated the Plaintiff as a representative partner, set up a written consent to the appointment of the representative partner, and reported it to the Defendant Union.

Accordingly, the plaintiff became a representative member.

C. On September 3, 2015, the Defendant Union held a board of directors on September 3, 2015, and decided on September 23, 2015 to hold an extraordinary general meeting and to refer the proposal items to the Plaintiff at the above general meeting.

Accordingly, on September 23, 2015, the Defendant Union held an extraordinary general meeting (hereinafter “instant extraordinary general meeting”) and resolved to dismiss the Plaintiff (hereinafter “instant resolution”).

At the time of the resolution of the instant case, 125 of the members of the Defendant Union (i.e., 124 of the 24 of the 24 of the 24 of the 201 of the 201) were present, and 110 of the 110 of the 17 of the 17 of the 17 of the

E. At the time of the instant resolution, the grounds for expulsion against the Plaintiff are as follows.

1. In order to make the members of the association, such as distribution of printed items by false facts, display of banners, etc., the intention to cause confusion and to delay the business by hindering the business of the association, and to dismiss the present president, which is not possible legally and practically, interfere with the reconstruction of the defendant association by instigating the members of the association in order to remove the current president.

2. A project association for the reconstruction of F apartment houses or below;