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(영문) 부산지방법원 2017.09.14 2016가합50743

총회결의무효확인 등

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1. Of the instant lawsuit, the resolution of the promotion committee of CHousing Redevelopment Project Cooperatives on July 23, 2005 to select the work executor.

Reasons

Basic Facts

The defendant association is the housing redevelopment project partnership which was authorized by the head of the Busan Metropolitan City office on September 13, 2005 to implement a housing redevelopment project with the area of project district of 70,220.1 square meter in Busan Seo-gu D, Busan, and the plaintiffs are the owners of land, etc. in the project area.

On July 23, 2005, prior to obtaining authorization for establishment, the C Housing Redevelopment Project Association passed an inaugural general meeting for the establishment of the Defendant Cooperative, and passed a resolution to select the Defendant’s supplementary intervenor (the trade name prior to the amendment was “convenor”) as the contractor (hereinafter “instant resolution to select the contractor”); and thereafter, the Defendant passed a resolution to ratification the resolution to select the contractor at the general meeting of the association convened on July 1, 2017 at the general meeting of the association (hereinafter “instant ratification resolution”).

On September 19, 2015, the Defendant Union resolved to select the designer as the commercial engineering architect (hereinafter “the instant designer’s selection resolution”) at the extraordinary general meeting of the association members, and on July 23, 2016, at the regular meeting of the association, a resolution was passed to select the rearrangement project management contractor as the Korea D&C Co., Ltd. (hereinafter “the instant resolution to select the rearrangement project management contractor”).

Meanwhile, around May 2016, E, the president of the Defendant Union, expressed his intention of resignation to the Defendant Union. On May 19, 2016, the Defendant Union held a board of directors to accept the resignation of the president of the E Union and passed a resolution to select the F, a full-time director, as an acting director for the president of the association. On May 31, 2016, E prepared and submitted a resignation letter of resignation of the president of the association.

On July 23, 2016, the F convened a resolution to appoint G as the president of the partnership (hereinafter referred to as “the resolution to appoint the president of the partnership of this case”) from the ordinary general meeting of shareholders held by the F.

Among the articles of incorporation of a defendant's association, matters concerning the selection of contractors, designers and rearrangement project management contractors, executives, etc. shall be as follows:

§ 16.