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(영문) 춘천지방법원원주지원 2015.06.25 2015가합5473

총회결의무효

Text

1. Ascertainment that the Defendant’s resolution on the special general meeting of December 6, 2013 and the resolution on the special general meeting of July 31, 2014 are invalid, respectively.

2.

Reasons

1. Basic facts

A. The defendant is a non-corporate body consisting of the head of the household who resides in B of the original city, and the plaintiff is a member of the defendant.

B. The main contents of the Articles of Incorporation amended by the Defendant around December 31, 2011 are as follows.

Article 4 Recognizing the qualification of a member of the Board of Audit and Inspection, focusing on a member of the Board of Audit and Inspection who has been a member of the Board of Audit and Inspection in 1980, and even if a member of the Board of Audit and Inspection falls under the expulsion due to death or relocation, a representative of the member of the Board of Audit and Inspection may succeed to the qualification of a member after deliberation by the Steering Committee.

Article 5 Members of this Act shall be classified into regular members and associate members.

(1) A regular member: A regular member shall be a member who has resided in a village until now and has faithfully performed the role of a regular member among the members of the fraternity composed of 1980s.

(2) Associate members: Members shall be associate members who were admitted to a fraternity or a person who was admitted to a committee in accordance with the provisions after 1980.

Provided, That all the agenda items of the Resolution of Article 9, which leads to an honorary member without playing a role in the fraternity regardless of the subscription year, shall be determined with the consent of a majority of the members present and by a majority of the number of present members or more.

Article 11 Decision 1 (1) Where it is inevitable to dispose of the dynamic assets, it shall obtain approval from the general meeting via the Steering Committee.

(3) When distribution of members is made, it shall be differentiated according to the qualifications of members.

(4) The rate of allocation to regular members and associate members shall be 2:1.

C. The Korea Land and Housing Corporation completed the registration of ownership transfer on September 11, 2013 due to a consultation on the land for public use on September 10, 2013, and paid approximately KRW 4.2 billion to the Defendant the land sales price.

Plaintiff

On October 29, 2013, four members including the Plaintiff (hereinafter “Plaintiff and four members”) verify the status of regular members against the Defendant.