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(영문) 대구지방법원포항지원 2015.01.19 2014가합40669

총회결의무효확인 청구의 소

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Facts of recognition;

A. On September 10, 1998, the defendant approved the establishment of the reconstruction project association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents for the purpose of implementing the housing reconstruction project by designating the North-gu E apartment as the project implementation district. The plaintiff A is the head of the association, plaintiff B, C, and D. The defendant's director.

B. Article 15 (Executive Officers) (2) of the relevant provisions in the Articles of Incorporation of the Defendant, the president of the association elected at the general meeting with the attendance of a majority of the incumbent members and with the

(c) Provided, That where there are only one candidate, the candidate shall be elected by a vote for and against the majority of the incumbent members and by a concurrent vote of two-thirds or more of the present members;

(3) The executives of an association shall be appointed at a general meeting from among the following members with the attendance of the majority and the consent of a majority of the members present:

1. A person who has owned for not less than one year in a project implementation district as of the date of withdrawal, and Article 20 (Establishment of General Meeting) (1) A cooperative shall hold a general meeting comprised of all its members;

(2) A general meeting shall be classified into an extraordinary general meeting and convened by the president.

(3) An ordinary general meeting shall be held once a year and within four months from the end of each fiscal year.

Provided, That where there are unavoidable circumstances, the date and time may be changed within the extent of three months, specifying the reasons and the period, and where there is no special agenda to be resolved at the general meeting, it may be carried forward only once.

(4) An extraordinary general meeting shall be held when the head of an association deems necessary.

Provided, That the head of the partnership shall hold a general meeting within two months from the relevant date when any of the following events occurs:

1. If at least 1/5 of the members request that the purpose of the general meeting be presented;

2. When not less than 2/3 of representatives request the holding of a general meeting.