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(영문) 서울북부지방법원 2019.07.11 2017가합24681

총회결의무효확인

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant is a corporation established for the purpose of implementing a housing redevelopment improvement project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents in Dongdaemun-gu Seoul Metropolitan Government. The plaintiff is a former head of the defendant's association.

B. On May 20, 2017, the Defendant held an extraordinary general meeting (hereinafter “instant general meeting”) on the agenda of “the dismissal of the president, director, and auditor,” and resolved to dismiss all Defendant executives, including the Plaintiff, director D, E, F, G, H, I, J, K, L, auditor M, and N, who are the president of the association (hereinafter “instant general meeting”).

(hereinafter “instant resolution”). Article 15 (Executive Officers) (3) The term of office of executive officers shall be three years from the date on which they are appointed, and they may be reappointed through a resolution of the general meeting.

(4) The term of officers appointed as substitute under the proviso to paragraph (2) shall be the remaining term of his predecessor.

(5) An executive whose term of office expires shall be appointed two months before the expiration of his/her term, and in extenuating circumstances, he/she shall perform his/her duties until his/her successor is appointed, but in such cases shall not exceed

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 Officers) (3) Removal of officers may be made by the general meeting convened at least 1/5 of the members or at least 2/3 of the representatives from office with the attendance of a majority of the members present and with the consent of a majority of the members present, and a person elected by the representative of proposers shall act for the president of the association in convening and

C. The contents of the Defendant’s articles of incorporation pertaining to this case are as follows.

[Reasons for Recognition] Gap evidence Nos. 1, 2, Eul evidence Nos. 1 and 24, the purport of the whole pleadings

2. The summary of the plaintiff's assertion is the attendance of a majority of the union members.