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(영문) 수원지방법원안산지원 2016.09.01 2015가합23830

총회결의무효확인

Text

1. The decision to amend Article 12 of the Management Regulations attached to the Articles of Incorporation of the ordinary general meeting of June 23, 1999 and the date of June 19, 2009.

Reasons

Basic facts are the management body comprised of the owners of the divided stores in the neighborhood living facilities outside B and one parcel (hereinafter referred to as “instant direct sales center”) at Silung-si, and the plaintiffs are the members of the defendant.

On April 25, 1997, the Korea Water Resources Corporation newly built a commercial building by building D or E, F or G sites from the Korea Water Resources Corporation, and on June 2, 1997, the Korea Water Resources Corporation enacted the articles of incorporation of the Gyeonggi-do Fisheries Cooperative CF fishing Village Association.

The name of the Gyeonggi-nam Fisheries Cooperative C fishing Village fraternity was changed to the H fishery product direct marketing center, and then the name was changed to the defendant again.

On March 15, 1999 and March 22, 1999, the Defendant held a board of directors to discuss the sale of the instant direct sales market and the method of designating the business items of the Defendant members, and held a board of directors on May 3, 1999 and decided to determine active fish among the business items by drawing lots. The Defendant began to sell the designated items among six items of the instant direct sales market, each of which was sold in lots, at the store of the instant direct sales market.

On June 23, 199, the defendant held a general meeting on June 23, 199 and amended the articles of incorporation and management regulations with the consent of 99 members from among 172 members and with the consent of all members present, and the parts related to this case in the articles of incorporation and management regulations amended on June 23, 199 are as follows:

(3) The general meeting shall be convened by the attendance of a majority of the members and with the concurrent vote of a majority of the members present.

The business items as provided in Article 12 of the Management Regulations shall be subject to the sale by lots, and shall not operate their business except the designated items.

(B) On June 19, 2009, the Defendant held a 10-time general meeting on June 19, 2009, and held 123 incumbent members, excluding 3 incumbent members involved in accidents, and amended the articles of incorporation with the consent of 114 among 172 incumbent members, and the parts relating to the instant case in the amended articles of incorporation of June 19, 2009 are as follows.

Article 16 (Methods of Resolutions at General Meeting) (1)