beta
(영문) 서울남부지방법원 2020.02.14 2019가합109644

총회결의무효확인

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Basic facts

A. The Defendant is an association that implements a project to reconstruct a small-scale multi-family housing by designating Gangseo-gu Seoul Metropolitan Government J as a prearranged project implementation zone, and the Plaintiffs are the Defendant’s members.

B. On May 10, 2019, the Defendant publicly announced that the special meeting (hereinafter “instant special meeting”) consisting of the consent of the construction deliberation (No. 1), the consent of the application for an appraisal (No. 2), the consent of the change of the person subject to preferential negotiations (No. 3), and other (No. 4) shall be held at K elementary school audio-visual training room on May 24, 2019.

C. On May 24, 2019, at the instant special meeting held on May 24, 2019, 47 members, among 48 members, attended a resolution to approve the matters subject to the building deliberation (hereinafter “resolution No. 1”), and with respect to the agenda subject to the consent to change of the person subject to preferential bargaining, L (L) who was a person subject to preferential bargaining (L) was bound by May 31, 2019 to pay a bid bond, and decided to change the person subject to preferential bargaining (hereinafter “Resolution No. 3”).

Relevant provisions are as follows:

(7) When holding a general meeting or changing the date and time pursuant to the provisions of paragraphs (2) through (5) of Article 20 (Establishment of General Meeting), the defendant's articles of incorporation shall post a notice on the bulletin board the purpose, agenda, date, time, venue, etc. of the meeting from 14 days before the meeting is held, and each member shall send and notify it by

(8) A general meeting may pass a resolution only on the agenda notified under paragraph (7).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, and 6 (including virtual numbers), the purport of the whole pleadings

2. The resolution of the plaintiffs' claim No. 1 of this case was adopted with respect to a matter on which prior notice was not given. It is invalid in violation of Article 20 (7) and (8) of the Articles of Incorporation of the defendant.

The defendant's case.