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(영문) 부산지방법원 2016.05.25 2015가합5548

이사회결의무효확인

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. Under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the Defendant is a housing redevelopment and rearrangement project association established for the purpose of housing redevelopment and rearrangement project by making A (78,366,00 square meters in Seosan-gu E-gu) as a project implementation district under the Act on the Maintenance

B. Resolution 1 on the appointment of an election management member: (a) 39 representatives, including the Defendant’s president and F, including the Plaintiff’s president, were required to hold a general meeting on July 8, 2015; (b) on July 20, 2015, F made a public announcement of the registration of candidate for election management members to constitute an election management commission for the above election of executives. (c) On August 5, 2015, the Defendant held a board of directors on August 5, 2015, and made a resolution to select B, C, and D as a member of the election management commission (hereinafter “resolution of the board of directors”).

C. 1) The Defendant, on September 9, 2015, adopted a resolution of ratification of the resolution of the board of directors of the instant case by holding a general meeting of partners (hereinafter “the resolution of the instant general meeting”).

(2) On March 3, 2016, the Defendant held a general meeting of partners and appointed a substitute for a vacant representative, and on April 16, 2016, held a board of representatives and elected C, H, and I as election management members.

The main contents of the defendant's articles of incorporation and business regulations in relation to the instant case are as follows.

[General Meeting] Article 19 (Establishment of General Meeting) (4) An extraordinary general meeting shall be held when the president of the association deems it necessary.

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

2. Where at least 2/3 of the representatives' meeting is requested to hold a meeting, the following matters shall be determined by a resolution of the general meeting:

Article 8 (Method of Resolution at General Meeting) (1) Selection and dismissal of the partnership officers or representatives (excluding appointment of substitutes for a vacancy during the term of office)