추진위원회 및 주민총회 결의무효
1. Of the instant lawsuit, the Plaintiff, which was conducted by the promotion committee held on November 2, 2016 by the Defendant, is the chairperson of the promotion committee.
1. Facts of recognition;
A. On July 4, 2006, the Defendant was an association establishment promotion committee approved on July 4, 2006 for the purpose of establishing a partnership for B-Housing Redevelopment Improvement Project (hereinafter “instant rearrangement Project”) in the Nam-gu, Busan. The Defendant promoted the Defendant’s election at the Residents’ General Assembly on December 19, 2015.
B. On October 6, 2016, the Defendant convened a meeting of the promotion committee and resolved on the agenda items, such as the selection of a rearrangement project management contractor. On October 10, 2016, the Defendant demanded the Plaintiff to convene a meeting of the promotion committee consisting of the dismissal and suspension of duties of the chairperson of the promotion committee and the election of the acting chairperson of the promotion committee, on the ground that the resolution adopted by the promotion committee was disregarding the intent of the promotion committee members.
C. Accordingly, on October 19, 2016, the Plaintiff publicly announced to convene a meeting of the promotion committee, and convened a meeting of the promotion committee on the 26th of the same month, but the said meeting failed to meet the quorum.
In this regard, the defendant's auditor D decided on October 25, 2016 that the plaintiff did not convene a meeting of the promotion committee within 10 days from the date of the request for convening the meeting of the promotion committee and notified the promotion committee members of the following contents. On November 2, 2016, the defendant decided to dismiss the plaintiff and suspend his/her duties, and to elect C as the acting chairperson of the promotion committee.
The date and time of meeting: On November 2, 2016, the place of meeting of the promotion committee office at 7 p.m.: Cases of election of the chairperson of the promotion committee under subparagraph 3 of the resolution for the dismissal of the chairperson of the promotion committee under subparagraph 1:
E. Also, around December 16, 2016, C elected as the acting chairperson of the promoters’ meeting was notified to the promoters of the following contents.