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(영문) 서울고등법원 2020.11.20 2020나2022856

서류등 인도 청구의 소

Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

Basic Facts

The Plaintiff establishing a market improvement project association is a cooperative established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of improving the A market by making the Seoul Metropolitan Government I and the 3,596 square meters of 125 square meters of land outside the Dongjak-gu Seoul Metropolitan Government as a project implementation district, and the Plaintiff was authorized by the head of Dongjak-gu on March 30, 2002, and completed the registration of incorporation on April 19,

Plaintiff

Article 15 (Executives) (1) A cooperative shall have the following officers:

1. One head of the partnership;

2. Five directors; and

3. Two auditors. (2) The officers of the partnership shall be appointed at the general meeting where a majority of partners present, as follows:

1. The president of the cooperative shall be appointed with the consent of a majority of the present members;

Article 16 (Duties, etc. of Executives) (5) Where the president of a cooperative is unable to perform his/her duties due to his/her dismissal, etc., he/she shall act on behalf of the president.

Article 18 (Dismissal, etc. of Executives) (1) Any executive may be dismissed if he/she neglects or neglects his/her duties, or he/she causes an unreasonable loss to a cooperative, in violation of relevant Acts and subordinate statutes

(2) Where an executive has resigned from his/her office or is dismissed under paragraph (1), a new executive shall be elected without delay.

(3) The dismissal of officers may be made at 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 the majority of the members present and with the consent of a majority of the members present at the meeting. In such cases, a person selected as a temporary society by the representative

(4) Where it is deemed inappropriate for an officer who resigns or is dismissed under paragraph (2) to perform his/her duties until a new officer is appointed or appointed, the head of the association may suspend his/her duties in accordance with a resolution of the board of directors or the board of representatives and temporarily appoint a person to perform the duties of an officer

Provided, That where the head of an association resigns or is dismissed, an auditor shall perform his/her duties.