임시총회결의 무효확인의 소
1. The Defendant confirms that each resolution listed in the separate sheet at the Assembly of the Parties on March 21, 2015 is null and void.
2. The costs of lawsuit shall be.
Basic Facts
A. The Defendant is a cooperative established to implement a housing redevelopment improvement project on a total of 11981 square meters in Seodaemun-gu Seoul Metropolitan Government F.
Plaintiff
A On October 16, 2013, the president of the Defendant Union, and the Plaintiff B, C, and D were appointed as directors of the Defendant Union on the same day.
B. On March 21, 2015 (hereinafter “instant general meeting”) a separate resolution of dismissal against each of the Plaintiffs, such as the attached Form, (hereinafter “each of the instant resolutions of dismissal”) was held by the Defendant Union’s Joint Representatives of Staff Members.
In the report on the result of the general meeting of this case, which is a document prepared by the Defendant Union for internal reporting, each of the resolution of dismissal of this case was adopted with the consent of 617 members present at the general meeting of this case by 637 members among the total number of 1257 members.
C. On the other hand, on November 4, 2015, Plaintiff A, B, and C were sentenced to a suspended sentence of two years for each of the six months of imprisonment with prison labor (this Court Decision 2014No3255), and the above Plaintiffs appealed, but all of them were dismissed on May 26, 2016 (this Court Decision 2015No1785);
5. 31. All appeals have been filed. D.
The articles of incorporation of the defendant association relating to this case shall be as follows:
Article 15 (Executive Officers) (3) The term of office of an executive shall be two years from the date on which he/she is appointed.
(5) An executive whose term expires shall perform his/her duties until his/her successor is selected and appointed.
Article 17 (Disqualifications, Disqualifications, etc. for Executives) (1) None of the following persons shall be appointed as an executive of a cooperative:
4. A person who is under a suspended sentence of imprisonment without prison labor or heavier punishment.
Article 18 (Dismissal, etc. of Executives) (3) The dismissal of an executive shall be at least 1/10 of the members.