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(영문) 서울서부지방법원 2015.10.15 2014가합7124

임시총회결의무효확인

Text

1. The part of the plaintiffs' motion to nullify the dismissal of the president of the partnership is dismissed.

2. The plaintiffs remaining.

Reasons

Basic Facts

The defendant is a housing reconstruction and improvement project association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Act") for the purpose of promoting a housing reconstruction improvement project in the Seodaemun-gu Seoul and 245 parcel.

Plaintiff

A was the president of the Defendant’s partnership, and Plaintiff B, C, D, and E were the directors of the Defendant, and Plaintiff F was the Defendant’s auditor.

On July 12, 2014, H and I, the representative of the proposed members of the defendant association, called the defendant extraordinary general meeting for the dismissal of the executives of the association in accordance with Article 23(4) of the Urban Improvement Act.

Accordingly, the Defendant’s extraordinary general meeting (hereinafter “instant general meeting”) was held on July 27, 2014, and the instant general meeting was proposed to dismiss Plaintiff A from the director of the association (hereinafter “first agenda”), and Plaintiff B, C, D, E, and J as the second agenda (hereinafter “second agenda”) and to dismiss Plaintiff F and K from the auditor.

The defendant, among the total 215 members, calculated 61 members who attend a written resolution, 50 members who attend the meeting, and calculated 111 members (51.6%) who attend the general meeting of this case in total, and decided that the 1 and 2 agenda with the consent of a majority of 11 members who attend the meeting as shown below.

(hereinafter referred to as "the instant resolution". The resolution on the agenda No. 1 shall be referred to as "No. 1", and the resolution No. 2 shall be referred to as "No. 614710 2102108 2108 2, which shall be referred to as "No. 61480 02, 6148 C Director 61470 1208 D Director 61480 2100 2109 E Director 610 480 2, 6100 2100 2109 K Auditor 6109 610 480 2, 6108 F Auditor 6108 2108 F Auditor 61480 21020 2109 , respectively, shall be referred to as "No. 2010 ," and the purport of the entire Urban Improvement Act shall be referred to as "No. 1063330