임시총회 무효 확인의 소
1. The Intervenor’s motion for the Intervenor’s participation is all permitted.
2. The defendant's appeal is dismissed.
3...
1. Facts of recognition;
A. The defendant is a juristic person established by the Framework Act on Cooperatives on June 27, 2016 with the aim of contributing to the promotion of welfare for its members, mutual aid, and balanced development of the local economy through the autonomous and self-reliance association activities of the members of the OF association in the former region.
The Plaintiffs and the Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) are all the Defendant’s members, and at the time of 2018, Plaintiff A was the Defendant’s chief director, Plaintiff B, C, D, and E were the Defendant’s directors, and Plaintiff F were the Defendant’s auditors.
B. 1) On June 7, 2018, the part of the Defendant’s members constituted an emergency countermeasure committee. On June 7, 2018, the chairman of the emergency countermeasure committee demanded the Plaintiff A, the president of the Defendant, along with the written consent of 15 members, to convene an extraordinary session. 2) The Plaintiff A and the auditor F did not convene an extraordinary session within the period prescribed by the Defendant’s articles of incorporation, and the Intervenor C, who was appointed to serve as the chairman of the emergency countermeasure committee on June 15, 2018, convened an extraordinary session on behalf of the said members (hereinafter “first extraordinary session”).
3) On July 20, 2018, the Defendant opened an extraordinary general meeting and dismissed the Plaintiffs from office by the chief director, directors, and auditors, and made a resolution to temporarily appoint the Intervenor H, K, L, U, V, VI, and I as an auditor and the Intervenor N as an auditor by the following extraordinary general meeting. 4) On September 20, 2018, the Defendant filed an application for provisional disposition, such as suspending the Plaintiffs’ performance of duties and suspending their duties as an officer based on the prior extraordinary general meeting resolution with the Jeonju District Court (No. 2018Kahap1088), which was all dismissed on September 20, 2018.
C. When the first emergency response committee, including the holding of the instant special meeting, dismissed the application for provisional disposition following the prior special meeting resolution, prior to the dismissal of the Plaintiffs on September 27, 2018.