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(영문) 대법원 2016.08.29 2016다221030

추진위원회결의무효확인

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All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

The grounds of appeal are examined.

According to the defendant's operating rules (hereinafter "operating regulations"), the court below held that the defendant's members are composed of the chairperson, vice-chairperson, auditors, and promoters (Article 15(1)), and that the promotion committee convened with the consent of at least 1/3 of the incumbent members may dismiss with the attendance of a majority of the members and with the consent of at least 2/3 of the members present, or with the consent of at least 1/10 of the members present at the residents' general meeting convened with the consent of at least 1/10 of the owners of the land, etc. (Article 18(4)). Meanwhile, the operating rules provide that "the appointment or replacement of the chairperson for the replacement of the chairperson" as the resolution of the residents' general meeting, and Article 15(3) and (5) provides that "the appointment or replacement of the chairperson" and "election by substitute" shall be excluded from the resolution of the residents' general meeting; however, it is not reasonable to interpret the operating regulations and the auditor's resolution to be excluded from the committee's appointment or dismissal.

Furthermore, according to Article 17 (6) 3 of the Operating Rules, in the case of matters concerning the dismissal of the chairperson, the court below shall set the promotion committee in order of the vice-chairperson and the oldest among the promoters.