대의원회결의 무효확인
1. All plaintiffs' lawsuits are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. The following facts are acknowledged by adding to each entry in Category B Nos. 1 to 5 the purport of the entire pleadings:
A. The defendant is the Housing Redevelopment Project Association whose business area covers one of the Jung-gu Seoul Special Metropolitan City E, Seongbuk-gu, and the plaintiffs are the members of the defendant's association.
B. As the Defendant’s term of office is expected to expire on June 9, 2019, the Defendant proceeded with the election procedure for executive officers including the president of the partnership as follows.
On April 12, 2019, the election management member recruitment announcement was made from April 14, 2019 to April 23, 2019 on April 23, 2019, the board of directors of the 60th meeting of the 20th meeting of April 2019, “case of reporting the recruitment of candidates for the election management members,” and on May 2, 2019, to the representatives of May 2, 2019, May 7, 2019, the case of the “case of the public announcement of the recruitment of candidates for the election management members” under subparagraph 2, “case of the public announcement of the recruitment of candidates for the election management members,” and the case of the “case of the election of candidates for the election management members” under subparagraph 2, each resolution (hereinafter referred to as “each resolution of this case”) on May 8, 2019 (hereinafter referred to as “member recruitment announcement of candidates”) by the board of directors of the cooperative on May 16, 2019, 2019.
C. On June 8, 2019, the Defendant held a general meeting of the association and held an election of executive officers at the same time, and at the same time adopted a resolution for ratification of the duties performed after December 27, 2018, including each of the instant resolutions made by the board of representatives on May 7, 2019.
2. The summary of the plaintiffs' arguments in this case is that each resolution in this case is invalid due to a serious defect as follows, and thus, it is sought to confirm the invalidity thereof.
Although the defendant's articles of incorporation stipulate that matters relating to the rights and obligations of union members shall be publicly announced for at least 14 days (see Article 7 (2) 2), the defendant has violated the above articles of incorporation for 11 days in the case of public announcement of recruitment of union members, and for 8 days in the case of public announcement of recruitment of union members (director) candidates.