총회결의무효확인
1. In this case, Plaintiffs A (1), B, C, Plaintiff D, Plaintiff E, Plaintiff F, Plaintiff G, H, Plaintiff I, and Plaintiff I.
1. Basic facts
A. The Defendant is an association authorized by the head of Seodaemun-gu Seoul Metropolitan Government pursuant to the provisions of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on March 27, 2009 for the purpose of implementing a housing redevelopment project by using the land located in Seodaemun-gu Seoul Central District as the project implementation district of Seodaemun-gu 119,881 square meters. The Plaintiffs are the owners of the land located in the said project area, etc., and the Plaintiffs
B. At the time when the Defendant obtained authorization for the establishment of the partnership, the president of the partnership was the head of S, T, U, V, W, X,Y, Z, AA, AB, and AC, and the term of office of executive officers was two years from the date when they were appointed.
C.O was prosecuted for a crime of taking property in breach of trust in relation to the Defendant’s business and was sentenced to two years of imprisonment (Seoul Western District Court 2009dan2627) on August 11, 2010, and was sentenced to one year and six months of imprisonment at the appellate court on November 18, 2010 (Seoul Western District Court 2010No930) (the Seoul Western District Court 2010No930), which became final and conclusive on January 27, 2011, and around August 18, 2010, which was sentenced by the first instance court for a criminal case againstO, S was appointed as an acting director for the head of the Defendant’s association.
On the other hand, when the plaintiffs filed the lawsuit in this case on August 25, 2009 and the judgment of winning part of the plaintiff was rendered on September 16, 2010, the defendant's attorney filed an appeal, and the acting representative appointed the litigation representative on December 27, 2010 and carried out the lawsuit.
E. During the instant appellate trial, the legal representative of the Plaintiff A (1), B, C, D, E, F, G, H, I, and J submitted a written withdrawal of the lawsuit to the court on July 12, 2012 and served on the Defendant’s legal representative on July 18, 2012. On July 18, 2012, Y, who refers to the acting representative of the Defendant Union, submitted a written objection to the effect that he/she does not consent to the withdrawal of the lawsuit (hereinafter “instant written objection”), and on July 18, 2012, Y submitted the written withdrawal of appeal (hereinafter “written withdrawal of appeal”).
F. Plaintiff K (2) and L’s legal representative are withdrawn from this Court on September 4, 2012.