조합장지위 부존재 확인
1. A resolution to appoint S as the president of the partnership at an extraordinary general meeting held by the Defendant on July 26, 2014 shall be confirmed as null and void.
2.
1. Basic facts
A. The defendant is a cooperative established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents for the purpose of implementing a housing redevelopment project by making the Daegu Southern-gu Telecommunication as a project implementation district, and the plaintiffs are the members of the defendant
B. S was appointed as the president of the Defendant’s inaugural general meeting held on November 8, 2008.
C. The Defendant obtained authorization for the establishment of a partnership on February 27, 2009 and completed the establishment registration on March 17, 2009.
S held the Defendant’s extraordinary general meeting (hereinafter “the first general meeting”) on May 10, 2014 for the appointment of the latter president of the cooperative, and both S and Plaintiff B were the heads of the cooperative. In relation to the appointment of the president of the cooperative, the first general meeting announced to the effect that there was no elected person because there was no majority of the members present by summing up the written resolution and the result of on-site voting. However, the U of the election management committee announced to the effect that the Plaintiff B, who acquired a majority vote on the sole basis of the result of on-site voting, was elected as the head of the cooperative (U was able to speak at the first general meeting to the effect that U was to recognize only on-site voting by the resolution of the board of representatives and the agreement among the candidates regarding the above election of the president of the cooperative). Accordingly, S asserted that U’s above announcement violated the law, the Defendant’s articles of association (hereinafter “instant articles of association”), and the election management regulations, again after July 26, 2014, S held the Defendant general general meeting as the head of the cooperative (hereinafter “the second general meeting”).
With respect to the above election of the head of a cooperative, the registration period from June 30, 2014 to July 3, 2014 was set from June 30, 2014, and the registration of the candidate for the head of the cooperative was announced as the candidate for the head of the cooperative. The above registration of the candidate for the head of the cooperative was not notified individually to the defendant's members by registered mail.