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(영문) 서울남부지방법원 2015.07.24 2014가합110038

총회결의 무효확인

Text

1. As to the Defendant’s dismissal from office at the extraordinary general meeting of May 31, 2014, and “the agenda of subparagraph 1: president of an association, director, and auditor.”

Reasons

1. Basic facts

A. The defendant is a housing redevelopment project partnership that has been established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents in Yeongdeungpo-gu, Seoul and whose project implementation district covers 35,089m2.41m2.

Plaintiff

A is a person who was appointed as the president of the defendant's association on October 17, 2013 and the plaintiff B is a member of the defendant's association.

B. On May 11, 2014, the Defendant’s association members, including E and F, proposed an extraordinary general meeting consisting of the Defendant’s president, director, and auditor’s dismissal on May 11, 2014. E and F, asserting that they are the representatives of the said proposings, the Defendant’s union members were “temporary: 16:00 on May 31, 201: The place: The Seoul Yeongdeungpo-gu Seoul Metropolitan Council, the business association president, the director, and the auditor’s dismissal” and the “special general meeting” (hereinafter referred to as “instant special meeting”).

2) On May 31, 2014, E announced that the resolution on the “case of dismissal of the head of the association, directors, and auditors” (hereinafter referred to as the “resolution of this case”) was passed by, among 38 union members, 205 union members present at the meeting (41 union members and 164 members of a written resolution”) among the 388 union members.

S. S. S.E. H. 1 Table 3 of S. H. 201 Table No. 3 of E. H. 201 Table No. 3 of E. H. 1 of E. H. 3 of E. H. 201 Table No. 1 of E. 200 Table No. 3 of E. J. 201 of E. H. 200 Schedule No. 200 of E. 3 of E. 200 of E. 3 of E. 3 of E. 199 of E. L. 3 of E. 201.

C. While disputing the validity of the instant resolution, the Plaintiffs and J filed an application for provisional disposition suspending the validity of the instant resolution with this court, and this court accepted the said application on November 20, 2014.

(2014Kahap419) d.

Attached Form 1 of the relevant regulations shall be as specified in attached Table 1.

[Reasons for Recognition] Unsatisfy, Gap 1, 2.