임시총회결의무효확인
The defendant's resolution on the agenda item No. 1, which was adopted at the special general meeting of February 8, 2020 by the defendant, is invalid.
The costs of lawsuit.
1. Facts of recognition;
A. The Defendant is a regional housing association that has obtained authorization to establish a partnership around May 2016 with the daily area of 54,136 square meters located in Busan Jin-gu, Busan as the project implementation district, and the Plaintiff was elected as the head of an association from the Defendant’s extraordinary general meeting on February 16, 2019, and is the Defendant’s member who resigned from the association around September 17, 2019.
B. On October 20, 2019, the Defendant held the second special meeting (hereinafter “first special meeting”) on 2019, and resolved on the following: (a) the Plaintiff’s acceptance of the Plaintiff’s resignation letter (No. 1); (b) the agenda on which the head of a new association is appointed D (No. 4), E, F, and G as the Defendant’s director, and H as the Defendant’s auditor (No. 5).
C. After the resolution of the previous special meeting, the Defendant’s association members asserted that there was a defect in the above resolution, and on November 21, 2019, the Busan Jin-gu Office sent to the Defendant a written request to the effect that “Around November 21, 2019, the Plaintiff sent to the Defendant an opinion on the validity of the board of directors’ holding, the public notice date of the agenda of the union and the violation of the union regulations
On the other hand, on February 8, 2020, the Defendant held the first special meeting (hereinafter “the instant special meeting”) on February 8, 2020, and resolved on the agenda including the instant special meeting set forth in attached Table 1 (hereinafter “the instant resolution”). As of the instant special meeting day, the Defendant’s members were 781 members, and 546 of them exercised their voting rights by directly attending the instant special meeting or submitting a written resolution, as follows.
The number of 137 persons, 26 persons, 15 persons, 363 persons, 5 persons, 5 persons, 5 persons, and 546 persons, including the total number of 137 persons, after submitting a written resolution to attend a meeting by proxy
E. The part concerning the instant case in the Defendant’s covenant of association is as follows.
Article 25 (Matters to be Resolved by General Meeting of Association) (1) The following matters shall be determined by resolution of the general meeting of association:
5. Selection and dismissal of the partnership’s officers, Article 26 of the General Meeting of Association;