이사해임 무효 확인
All of the plaintiffs' claims are dismissed.
The costs of lawsuit shall be borne by the plaintiffs.
1. Basic facts
A. The Defendant is a cooperative established on June 8, 2010 in order to implement a market improvement project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), which is located in a project implementation district of 43,400 square meters in Jung-gu, Incheon, Jung-gu, Incheon (a approximately 13,128 square meters), and the Plaintiffs are the former directors of the Defendant.
B. On September 28, 2019, the Defendant held an extraordinary general meeting of this case and resolved to dismiss the Plaintiffs from the Defendant’s director (hereinafter “instant resolution”).
The results of the instant general assembly (Evidence A No. 4) indicate that 121 members, 239 members, 14 members directly present at the site (50 members directly present at the site, including those who attend the meeting after submitting a written resolution), and 135 members, among which 118 members, have attended, the instant resolution was made with the consent of 118 members.
Article 18 (Dismissal, etc. of Officers) (1) Any executive may be dismissed if he/she neglects or neglects his/her duties, or he/she causes an unreasonable loss to a union in violation of the relevant Acts and subordinate statutes or this
(3) The dismissal of officers may be made by the general meeting convened at least 1/10 of the members or at least 2/3 of the representatives from office with the attendance of a majority of the members present at the meeting and with the consent of a majority of the members present at the meeting. In such cases, a person selected as a temporary society of the representative of proposers shall
Article 22 (Resolution Method of General Meeting) (2) Members may exercise their voting rights in writing or through an agent falling under any subparagraph of Article 10 (2).
A written event shall be deemed attendance under the provisions of paragraph (1).
(3) If any cooperative member attends a meeting in writing pursuant to the provisions of paragraph (2), he/she shall express his/her intention on the agenda and make the agenda arrive at the meeting by the day
C. Of the Defendant’s Articles of Incorporation and the Urban Improvement Act, the parts relating to this case are as follows:
The former Urban Improvement Act (amended by Act No. 16383, Apr. 23, 2019).