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(영문) 부산지방법원동부지원 2020.10.08 2019가합103514

당선자 결정 무효 확인 청구의 소

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1. The Defendant’s Intervenor joining the Defendant at an extraordinary general meeting on April 20, 2019 to the head of the partnership, F, G, H, I, J, and K as a director, and Plaintiff C.

Reasons

1. Facts of recognition;

A. The defendant as the party is established for the purpose of implementing a housing redevelopment improvement project in the area of 135,079,3 square meters of Busan Suwon-gu M and the same Dong Nwon, and is a housing redevelopment and improvement project partnership under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, which was approved on June 29, 2007, and the plaintiffs are the defendant

B. 1) On April 5, 2019, the Defendant’s association executives (one president, six directors, and two auditors), election of the Defendant’s association executives (one president, six directors, and two auditors), and election decision-making, etc. are deemed to be an extraordinary general meeting for the election of the Defendant’s executives (hereinafter “instant extraordinary meeting”).

(2) On April 20, 2019, the Defendant: (a) issued a public notice to convene an extraordinary general meeting on April 20, 2019; (b) sent the general meeting guide books and ballot papers for written resolution to its members; (c) on April 20, 2019, the Defendant held the extraordinary general meeting of this case among the 870 union members, 203 union members who directly attend the meeting; (d) 357 union members who participated in advance voting and written resolution; and (e) 560 union members who participated in the meeting; and (e) made a resolution to appoint the Defendant as auditor each of the instant votes (hereinafter “instant resolution”).

As a result of the number of votes obtained from the name of the director of the association, the number of votes obtained from the name of the chairperson of the association shall be as follows: (a) the number of votes obtained from Plaintiff A 77 13 1 P 1312 2 F 2 F 27: Plaintiff C 114 2 Plaintiff C 114 Ga 344 Ga 117 5 G 410 5 G 410 5 46 4 T 4 T 27 7 46 5 G 46 47 5 U 967 5 5 5 5 127 5 127 110 Y 110 Y 206 5 20 Ga20 Ga 3412 AB 20 135 15 131 A20 Ga 3135 15 20 Ga20 Ga 315 131