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(영문) 대전지방법원천안지원 2016.07.08 2015가합102883

총회결의무효확인의 소

Text

1. Of the instant lawsuits, the Defendant’s confirmation of invalidity of the resolution on the agenda No. 3 adopted at the extraordinary general meeting dated January 11, 2014.

Reasons

1. Basic facts

A. The Defendant is a legal entity that implements a housing redevelopment improvement project (hereinafter “instant project”) pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of redevelopment of H Il-gu, Nam-gu, Seoul. The Plaintiffs are the owners of land located in the said project area as the Defendant’s members.

The same Saturdays Co., Ltd. (hereinafter “instant company”) is a company that was selected as a contractor on January 11, 2014 from the Defendant and entered into a contract for construction works with the Defendant on May 19, 2015.

B. The major progress of the instant project executed by the Defendant is as follows.

- Holding an extraordinary general meeting on January 11, 2014 - the conclusion of a contract for construction works on February 19, 2014 - the holding of an extraordinary general meeting on August 22, 2014 - the holding of an extraordinary general meeting on December 13, 2014 - the holding of an ordinary general meeting on February 14, 2015 - the filing of applications for parcelling-out on April 10, 2015 - the conclusion of the main contract for construction works on May 19, 2015 - the holding of an extraordinary general meeting on July 4, 2015

C. On January 11, 2014, the Defendant decided on the agenda item No. 3 (the selection of a contractor and the appointment of a board of representatives to conclude a contract) based on the project participation proposal submitted by the instant company at the extraordinary general meeting on January 11, 2014. The reason for the proposal on the agenda item No. 3 was that “the Defendant had been subject to bid three times during the process of tendering the contractor due to the current depression, and thereafter, the instant company submitted the project participation proposal on December 24, 2013 to select a contractor at the extraordinary general meeting, and if selected, the conclusion of the contract is intended to delegate it to the board of representatives.” The written resolution is that “The Defendant intends to select the instant company as the contractor in the area of the relevant company, and the unit price for signing a contract shall be delegated to the board of representatives, if selected as the unit price for signing a contract.”