총회결의무효확인의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The defendant is a regional housing association established pursuant to the Housing Act for the purpose of establishing a collective housing in the D members of the Siljin-si, and the plaintiff is the head of the defendant's association.
B. A conflict arising between the Plaintiff and its members relating to the progress of the project, and the Plaintiff did not take the procedure for convening an extraordinary general meeting even though the Plaintiff demanded several times. As a result, 109 members of the Defendant filed an application for permission to convene an extraordinary general meeting with the Daejeon District Court Branch 2018Bhap54, Seosan Branch 2018Bhap54, and received a decision to permit the convening of an extraordinary general meeting on December 19, 2018, which is the subject of the meeting.
C. On January 12, 2019, the Defendant: (a) held an extraordinary general meeting (hereinafter “instant general meeting”); (b) elected E as the Speaker pro tempore; (c) dismissed the Plaintiff who was in office as the head of the Defendant’s association at the time of the proceeding of E; and (d) passed a resolution to select C as the head of the association.
At the general meeting of this case, the defendant was 312 members.
[Reasons for Recognition] Unsatisfy, Gap evidence 5, Eul evidence 10, the purport of the whole pleadings
2. Determination
A. The plaintiff asserts that the resolution of the general meeting of this case does not meet the defendant's intent and the quorum, and thus, is null and void.
In other words, the general meeting of the defendant union is held with attendance of a majority of the incumbent members and with the consent of a majority of the members present, and the resolution is made with the consent of a majority of the members present. In such cases, the members are entitled to exercise their voting rights in writing or by proxy (Article 24(1) and (2) of the Rules of the defendant union). ② At the general meeting of this case, 121 of the 312 members of the defendant union were directly present at the general meeting of this case, and 10 of the 312 members of the 312 members of the defendant union were present at the general meeting of this case, and 36 members are all members