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(영문) 청주지방법원 2016.12.15 2016가합506

손해배상 등

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Determination as to Plaintiff A’s claim against the Defendant Union

A. The summary of the Plaintiff’s assertion is the representative of the Defendant Association Emergency Countermeasure Committee, and the 1) The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

Notwithstanding Article 24, the dismissal of the officers of an association under Article 23(4) may be conducted at the general meeting convened on the proposal of at least 1/10 of the members of the association with the attendance of a majority of the members present and with the consent of a majority of the members present. In such cases, a person selected by the representative of the proposing shall act for the president of the association in convening and proceeding at the general meeting of dismissal. The dismissal of the officers of the defendant association under Article 18(3) of the articles of association shall be conducted under the joint name of the proposing

(1)In the event that the president of an association is subject to dismissal with the attendance of a majority of the union members and with the consent of a majority of the union members present at the meeting convened. In the event that the president of an association is subject to dismissal, a person selected as a temporary society of the proposing representative shall be the president of the association. Accordingly, the president of the association shall be the temporary general meeting of May 19, 2012 (hereinafter referred to as “the first general meeting”) with the proposal of at least 1/10 of the total number of union members at least 487 persons, including Defendant C

(ii) Except as provided in article 23, paragraph 4, the Assembly shall convene at its discretion or at the request of at least 1/5 of its members or at the request of at least 2/3 of its representatives, with the exception of at least 12,17,960 won, and 24, paragraph 2, of the Act on the Maintenance and Improvement of Urban Areas;

Article 20 (4) of the Articles of Incorporation of a defendant cooperative shall be held where the president of the cooperative deems it necessary.

Provided, That in any of the following cases, the head of the partnership shall hold a general meeting within two months from the relevant date:

1. If at least 1/5 of the members request that the purpose of the general meeting be presented;

2. When requested to hold at least 2/3 of representatives in accordance with the provisions of each subparagraph of paragraph (5).