beta
(영문) 서울동부지방법원 2017.09.21 2016가합104041

총회결의 무효확인

Text

1. All lawsuits of plaintiffs A, B, C, D, E, F, and G shall be dismissed.

2. The plaintiff H's claim is dismissed.

3. The costs of the lawsuit.

Reasons

1. Basic facts

A. The Defendant’s substitute appointment 1) The Defendant is the Seoul Seongdong-gu Seoul Seongdong-gu Seoul Metropolitan Government Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to carry out the new construction of housing redevelopment apartment.

(2) On October 23, 2015, the Defendant held an extraordinary general meeting (hereinafter “instant general meeting”) to deliberate on seven agenda items, including “case of approval for the settlement of accounts in 2014,” etc. on April 21, 2008 by the head of Seongdong-gu Seoul Office.

In the present assembly, eight representatives, including K (hereinafter referred to as the "representative of this case") were appointed by the general assembly of this case (the agenda referred to in subparagraph 7; hereinafter referred to as the "instant agenda") passed a resolution with the majority of the members present at the meeting.

The resolution of this case is referred to as the "resolution of this case".

3) Of the Defendant’s entire 368 members, 252 members were present at the instant general meeting. Of them, 121 members (27 members who were directly present without written resolution and 94 members who were directly present after written resolution) were 121 members, and 131 members who were present only in a written resolution, and 225 members who exercised voting rights by submitting a written resolution, including 94 members.

4) The relevant provisions concerning the resolution of this case are as follows. The following matters shall be determined by the resolution of the general meeting of the Defendant’s articles of incorporation. 8. Appointment and dismissal of union officers and delegates (in the event of appointment of substitutes for vacants during the term of office, appointment of substitutes may be decided by the resolution of the board of representatives:

Article 22 (Method of Resolution at General Meeting) (1) A general meeting shall be held with attendance of the majority of the members, except as otherwise provided in the Act and this articles of incorporation, and pass resolutions with the consent of the majority of the members present. (2) Members may exercise their voting rights in writing or through a proxy falling under any subparagraph of Article 10(2)

A written event shall be deemed attendance under the provisions of paragraph (1).

(3)