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(영문) 서울중앙지방법원 2018.11.29 2018가합570724

대의원회결의 무효확인

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1. A resolution that the Defendant appointed as a representative at the 15th council of delegates on January 30, 2015 is null and void.

Reasons

1. Basic facts are: (a) on October 10, 2013, the Defendant is a reconstruction maintenance project partnership with authorization from the head of Seocho-gu under the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Oct. 28, 2017; hereinafter “former Act”); (b) on January 30, 2015, the Plaintiff is a member of the Defendant association; (c) the Intervenor Intervenor C, D, and Nonparty E were elected as representatives at the 15th representatives’ meeting of the Defendant association in Seoul, Seocho-gu, Seoul; (d) on the other hand, on the one hand, 18 representatives at the open inaugural general meeting on September 9, 2013; and (e) on the other hand, the Defendant association was unable to appoint representatives from among the 15th representatives of the Defendant association or the 2nd representatives of Nonparty 1, 2015; and (e) on the other hand, the Plaintiff’s remaining representatives of Nonparty 15 and Nonparty 15.

2. The plaintiff's assertion of the plaintiff and the intervenor is the cause of the claim in this case, and the council of delegates, which falls short of the number of statutory representatives as stipulated in the former Act on the Maintenance of Urban Areas, cannot pass a resolution on the appointment of a substitute for the representative. Thus, the resolution of this case that appoints a substitute for the plaintiff and Eul as a representative at the council of delegates in

The Intervenor, at the time of the instant meeting, was duly elected by the Seocho-gu Office’s questioning reply, and the Plaintiff did not raise any objection, filed the instant lawsuit after three years from the date of the instant resolution in order to remove the intervenors who were favorable to the previous enforcement department.