임시총회결의무효확인의 소
1. A resolution on each agenda listed in the separate sheet prepared by the Defendant at an extraordinary general meeting held on March 4, 2018 is null and void.
In fact, according to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the defendant is a cooperative established on February 26, 2010 for the purpose of implementing a housing redevelopment project by designating the members of Bupyeong-gu Incheon Metropolitan Government D in accordance with the project implementation district under the Act on the Maintenance
E applied for a provisional disposition of suspending the performance of duties as the Incheon District Court 2017Kahap10437 with respect to F, which was the head of the Defendant’s partnership. On December 22, 2017, the above court rendered a provisional disposition of suspending F’s performance of duties as the president of the partnership and appointing G as the Defendant’s acting president of the partnership.
On January 24, 2018, the Defendant Council decided to set the management entity specialized in improvement projects to be presented to the extraordinary general meeting as H and I corporation, and decided to submit each item of agenda listed in the separate sheet (hereinafter “each item of agenda of this case”) to the extraordinary general meeting without prior deliberation on the failure of the board of representatives.
G on January 24, 2018, on February 8, 2018, publicly announced that an extraordinary general meeting aimed at each of the instant items will be held in the Incheon Bupyeong-gu J and the office of the association located in the second floor in Bupyeong-gu, Incheon. On February 3, 2018, the G announced that the said extraordinary general meeting will be held in the Incheon Bupyeong-gu K and the five-year L Station M on March 4, 2018.
From a special meeting held by the Defendant on March 4, 2018 (hereinafter referred to as “instant special meeting”), the Defendant elected 26 representatives of N, O, directors P, Q, Q, R, T, E, and representatives as the president of the partnership from the special meeting held on March 4, 2018 (hereinafter referred to as “instant special meeting”), and made a resolution on each of the instant agenda (hereinafter referred to as “resolution”).
The articles of incorporation of the defendant (hereinafter referred to as "articles of incorporation") relating to this case are as follows:
Article 20 (Establishment of General Meeting) (1) Partnership shall hold a general meeting consisting of all its members.
(2) General meetings shall be classified into general and extraordinary general meetings, and the president of the association shall convene meetings.
(4) An extraordinary general meeting shall be held when the head of an association deems necessary.
(Ma) paragraphs (2) through (5) of this Article.