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(영문) 춘천지방법원 2016.01.20 2015가합649

임시총회 결의 무효확인 등

Text

1. The "B Village Articles of Incorporation Amendment Resolution" that was passed by the Defendant at the special meeting of July 15, 2015 as other agenda items.

Reasons

1. Basic facts

A. The Defendant is a village council (the name of the village council is referred to as “B village”) comprised of residents of the Gangwon-do Incheon-gun, and the Plaintiff is a person appointed by the audit committee as the head of the audit committee on January 20, 2015 after being selected as the village auditor of the Defendant Village on January 20, 2015.

B. On July 15, 2015, this Chapter D, the Defendant’s representative, held an extraordinary meeting of the Defendant Village (hereinafter “instant extraordinary meeting”). During that process, the date of the said extraordinary meeting was set on July 15, 2015 without undergoing an executive meeting, and only the “date and time of holding the extraordinary meeting” without stating the purpose of the general meeting two days prior to the convocation of the general meeting, sent notice to the Defendant’s residents via a literature message.

C. In the instant special meeting, a resolution passed by presenting the draft amendment of the Village Articles of Incorporation as other agenda items (hereinafter “the resolution of the instant Articles of Incorporation”) and a resolution to dismiss the Plaintiff from the head of the audit committee of the Defendant Village Council (hereinafter “the instant resolution of dismissal”) was adopted respectively.

(hereinafter referred to as the “each of the instant resolutions,” including the instant Articles of Incorporation and the instant dismissal resolution. Article 3 (Purpose) leads to the realization of village communities and the enhancement and custom of traditional village custom, contributing to the development of village and the promotion of welfare, and the purpose of the unity and defects among residents.

Section 5 (Members) The members of this meeting shall be persons who reside in this Section on their resident registration and shall be classified as follows:

For the efficient operation of this meeting under Article 9 (Officers), the following officers (not more than 25) shall be assigned:

9. Five village auditors.

4. Absence (three times a year, five times a year) and the meeting of officers may dismiss an officer if there is a significant violation;

§ 14 (Organization of Village General Meeting).

1. The village general meeting shall be divided into an ordinary general meeting and an extraordinary general meeting;

(2) At least 1/5 of community residents and auditors shall conduct an extraordinary general meeting.