조합임시총회결의 무효확인 청구의 소
1. Of the instant lawsuits, the Defendant appointed C as the president of the association at an extraordinary general meeting held on July 2, 2016, and D as its directors, respectively.
1. Facts of recognition;
A. The Defendant is, in order to implement a housing redevelopment project (hereinafter “instant project”) under the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 11293, Feb. 1, 2012; hereinafter “former Act”) within the E Group in Ansan-si, the Housing Redevelopment and Improvement Project Cooperatives approved on November 25, 2010, and the Plaintiff is a member of the Defendant’s association as a candidate for the president of the partnership at the association’s election held on July 2, 2016.
B. Some of the members, such as D, C, and F, who were suspended after the special meeting held on February 26, 2013, which was implemented by the Defendant Cooperative, were the representative proposer, and requested on May 11, 2016 to approve the opening of the special meeting of the Defendant Cooperative. The Ansan City approved the foregoing on May 20, 2016.
(hereinafter referred to as "D, etc.") a proposing group that led the holding of an extraordinary general meeting.
D et al. constituted an election commission (hereinafter “instant election commission”) by selecting election management members to elect new officers of the Defendant Union at an extraordinary general meeting, and the instant election commission announced the registration of candidates for executives and additional representatives on May 25, 2016.
On July 2, 2016, the Defendant Union held an extraordinary general meeting (hereinafter “instant extraordinary general meeting”). At the instant extraordinary general meeting, 138 members, including 117 members who submitted a written resolution among 222 members, were elected by each registered candidate, including 117 members, and the Defendant Union passed a resolution to appoint each candidate who received various tickets as an executive officer (hereinafter “instant extraordinary general meeting resolution”) as follows:
C F JH IG D D L MNO
E. The main contents of the Defendant’s articles of association and partnership election management regulations are as follows.
Article 15 (Executives) (1) A cooperative shall be comprised of the following officers: