임시총회결의 무효확인
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. The defendant is the party 1) The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) at the first day of Dongdaemun-gu Seoul Metropolitan Government.
(2) Plaintiff A is the head of the Defendant’s partnership and the rest of the Plaintiffs, who were reappointed in an extraordinary meeting held on October 26, 2012, and were in office as an executive officer of the partnership.
B. Pursuant to Article 23(4) of the Urban Improvement Act, the J and K (hereinafter collectively referred to as “J, etc.”) as the representative of the co-explor of the special meeting on September 23, 2013, shall hold an extraordinary general meeting, the purpose of which is to hold each of the items listed in the attached Table 1 at the 2nd lecture of the Dongdaemun-gu Culture Center, Dongdaemun-gu, Seoul, 210-9 (hereinafter referred to as the “instant general meeting”) at the 2nd lecture of the culture center of Dongdaemun-gu, Seoul, 201, for the purpose of a meeting (hereinafter referred to as “instant general meeting”).
(C) The minutes of the instant general meeting include: (a) 13 members who directly attend the meeting without submitting a written resolution among 1,490 members, 792 members who submitted a written resolution, and 805 members among the 1,490 members, and the dispute of the original defendant on the number of all members present at the meeting and the number of participants present at the instant general meeting. (b) A resolution to dismiss all the Defendant’s executives including the Plaintiffs (hereinafter “instant resolution”) at 803 votes among the total number of 805 members present at the instant general meeting and 803 votes among the total number of members present at the instant general meeting.
(1) Members of an improvement project shall be the owners of land, etc., who fall under any of the following subparagraphs, and one representative of such number shall be the members of an improvement project: