해임총회결의무효확인
1. All of the plaintiffs' lawsuits against the defendant are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry of Gap evidence 1 to 5, Gap evidence 12, 13, 32, Eul evidence 2, 3, 4, 14, 15 (including each number, if any; hereinafter the same shall apply).
The defendant is a corporation established through an inaugural general meeting on March 31, 2017 for the maintenance of street houses on the 4,379.9 square meters of land outside Seocho-gu Seoul Metropolitan Government and two lots, and is composed of 84 members in total.
Article 19 (Dismissal, etc. of Executives) (1) Any executive may be dismissed if he/she neglects or neglects his/her duties, or the articles of association of a cooperative causes an unreasonable loss to the cooperative.
In such cases, an opportunity to vindicate the relevant executive, such as hearings, shall be provided in advance.
Where a person fails to comply with an opportunity to vindicate, such as a hearing, he/she shall be deemed to have given an opportunity to vindicate.
Provided, That with respect to an officer who is obligated to be retired under the provisions of Article 18 (2), his/her qualification shall be lost from the date of occurrence of the cause without being dismissed.
(3) Removal of officers may be made at a general meeting convened by the president of a cooperative (in cases where the president of the cooperative is subject to dismissal, it shall be made under the joint name of proposers) with the attendance of a majority of members and the consent of a majority of members present.
Where the head of an association is dismissed, a person selected as a temporary society of the representative of the proposing person shall be the chairperson.
(7) In case of convening a general meeting under the provisions of paragraphs (2) through (5) of Article 21, a notice shall be posted on the bulletin board of the purpose, agenda, date, time and place of the meeting at least 14 days before the meeting is held, and each member shall send and notify it by registered mail at least seven days before
§ 22 (Matters to be resolved by General Meeting)
8. Selection and dismissal of the officers of the association (excluding the appointment of a person who becomes vacant during the term of office) (1) of Article 23 (Resolution Method of General Meeting) (1) of the Act;