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(영문) 서울서부지방법원 2019.02.21 2018가합38355

조합장지위 부존재확인

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1. The plaintiffs' respective claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

The defendant and the O-O housing redevelopment and rearrangement project association (hereinafter referred to as "non-party partnership") are each association for maintenance and improvement projects (hereinafter referred to as "association") prescribed by the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Act") established for the purpose of improving urban and residential environments and improving the residential stability and the quality of residential life of its members by removing the buildings within the relevant project implementation district and constructing new buildings on the site.

The plaintiffs are the members of the defendant.

M was appointed as a director of the non-party union on September 22, 2015.

On March 4, 2016, the Defendant, such as the publication of the Defendant’s registration of candidates for executives of the partnership and the registration of candidates for M, etc., announced the “registration of candidates for executives of the partnership and representatives (additional recruitment)”.

M submitted to the defendant an application for registration of a candidate for the president of the partnership on March 20, 2016.

On March 21, 2016, the defendant decided and announced candidates for executive officers and representatives of the partnership, and M and P were registered as candidates for the president of the partnership.

M submitted a resignation letter on March 25, 2016, stating that it will resign from a director to a sub-council union.

On March 31, 2016, the defendant publicly announced the convening of the general meeting of shareholders in March 2016, and around that time, each written resolution was sent by mail to the defendant's members on the books related to the general meeting and the general agenda for appointment.

The general meeting of 2016, such as the election of the president of M's partnership, was held on April 15, 2016.

(hereinafter “General Meeting of this case”). The following items were resolved at the General Meeting of this case:

The agenda No. 1: The agenda item No. 3 of the amendment of the articles of association: The case No. 6 of the approval of the amendment of the Election Management Regulations in the Regulations on the Association: The voting result of the candidates for the candidates for the chief executive officer of the union (association chief, auditor, and director): 512 votes (i.e., a direct vote 91 votes in writing) and M 516 votes (i.e., a written resolution 421 votes). The defendant's election commission chairperson has obtained M as the elected person.