주민총회 결의 무효확인
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts may be admitted by taking into account the whole purport of the pleadings in each entry in Gap evidence 1 to 5 and Eul evidence 1 to 6 (including branch numbers), for which there is no dispute between the parties, or which is contained in Gap evidence 1 to 5:
The Defendant is a Housing Reconstruction Improvement Project Promotion Committee organized to perform related affairs, such as preparation for authorization for establishment of the B Apartment Housing Reconstruction Project Association, which is a project implementation district of Yeongdeungpo-gu Seoul Metropolitan Government, and the Plaintiff continues to serve as the chairperson of the Defendant’s promotion committee according to the Defendant’s resolution of reappointment at the residents’ general meeting on August 29, 2013, and the term of office is expected to expire on August 28, 2015, but the Defendant was dismissed from office at the residents’ general meeting on June 30, 2015 as follows:
B. On June 15, 2015, D, E, and F, the Defendant’s owner of land, etc., convened a residents’ general meeting (hereinafter “instant resident general meeting”) with the Defendant’s “determination of dismissal of the chairperson of the promotion committee” as an agenda item pursuant to Article 18(4) of the Defendant’s operational regulations as the representative of 162 owners of land, etc., who were the Defendant’s owners of land, etc., and 267 of the owners of land, etc. (259 direct voting, document voting, 259), among which 410 owners of land, etc. were held on June 30, 2015, a resolution of dismissal of the Plaintiff from the Defendant’s chairperson of the promotion committee (hereinafter “instant dismissal resolution”).
C. On July 24, 2015, the Plaintiff filed an application against the Defendant for provisional disposition seeking the suspension of the validity of the instant dismissal resolution with the Seoul Southern District Court Decision 2015Kahap247, and the said court rendered a decision suspending the validity of the instant dismissal resolution until the final and conclusive judgment on November 4, 2015 on the grounds that procedural defects exist in the instant dismissal resolution.
E, F, G, H, and I, the Defendant’s owner of land, demanded the Plaintiff to convene a meeting of the residents’ general meeting on July 30, 2015, consisting of 137 representatives of the owners of land, etc. who are the Defendant’s owners of land, with the Defendant’s chairperson elected.