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(영문) 대구지방법원 김천지원 2018.05.04 2018가합15133

총회결의 무효확인 청구의 소

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1. It is confirmed that a resolution made by the Defendant at a general meeting on January 14, 2018 by the Plaintiffs from its members is null and void.

2...

Reasons

1. Indication of claim;

A. The Defendant is a regional housing association established pursuant to the Housing Act to implement a construction project of multi-family housing in the Gu, Si, Si, Gu, and Si, Si, Gu, and Si, Gu, Si, Gu, and Si, Gu, Gu, Dong, and Gu, Gu, Gu, Dong, and Gu, Gu, Gu, Dong, and Gu, Gu, Dong, and Gu, Dong, respectively.

B. On January 14, 2018, the Defendant convened a general meeting and made a resolution to dismiss the Plaintiffs from the members of the Plaintiff on the ground that the Plaintiffs committed an act stipulated in Article 12(4)2 of the Defendant’s Rules (hereinafter “instant resolution”).

C. However, the Plaintiffs did not have caused substantial damage to the promotion of business by doing an act contrary to the purpose of the association, which is the grounds for expulsion of union members under Article 12(4)2 of the Defendant’s Rules, and thus, the instant resolution is null and void due to the existence of substantive defects without any grounds for expulsion.

(2) Articles 208(3)2 and 150(3) of the Civil Procedure Act (amended by Act No. 208(3)2 of the same Act (amended by Act No. 1504, Jan. 2, 200) of the Civil Procedure Act (amended by Act No. 1504, Jan. 2,