임시총회 결의 부존재확인 청구
1. The Defendant’s resolution on July 10, 2018 at the extraordinary general meeting of July 10, 2018, and expulsion of the Plaintiff as of July 15, 2018.
Basic facts are organizations established by the Defendant as members of commercial merchants from the Do at the entrance of the D parking lot to E, from the end of E, from the end of E Dong/west to F, and from G to E (market operation area) to the end of E (market operation area) with the aim of succeeding to and developing traditional five days and establishing order in market operation, protecting the rights and interests of members inside and outside the country, promoting the promotion of welfare, and fulfilling friendship and public interest among members.
On November 2016, the Plaintiff was elected as the president at the Defendant ordinary general meeting, and was appointed as the president from January 5, 2017.
Around July 10, 2018, H, I, J, K, and L (hereinafter “five persons, including H”) (hereinafter “five persons”) announced an extraordinary general meeting to be “from July 10, 2018 to 21:00 of the daily 19:00 to 21:00”, “The result of the audit is as follows: (i) the case of the reduction of membership fees; (ii) the case of the reduction of membership fees; (iii) the case of the reduction of the number of regular members; (iv) the case of the lottery of associate members; and (v) whether the Plaintiff is liable for the Plaintiff’s non-existence of membership due to a smooth operation while in office.”
At around 19:00 on July 10, 2018, five persons, including H, held an extraordinary general meeting (hereinafter “instant special meeting”) according to the foregoing public notice, and the above general meeting resolved the respective contents stated in the attached list.
At around 10:00 on July 15, 2018, five persons, including H, publicly announced that “a resolution for expulsion with respect to the Plaintiff was not made because the Plaintiff and its subsequent persons interfered with the first extraordinary meeting of this case.” On July 15, 2018, the Plaintiff and its subsequent persons announced that “a resolution for expulsion with respect to the Plaintiff was made by voting to move the Plaintiff within the market.”
At around 11:00 on July 15, 2018, five members, including H, held an extraordinary general meeting (hereinafter “instant special meeting”) and resolved to the effect that “the expulsion of the Plaintiff” was made.
5 members, including H, constituted the emergency countermeasure committee consisting of M, N,O, P, Q, and R, the chairperson of the emergency countermeasure committee.
On July 30, 2018, the above Emergency Countermeasure Committee constituted an election commission on the ground that the defendant was the 16th president and the auditor.