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(영문) 서울중앙지방법원 2019.09.05 2018가합504789

임시총회결의무효확인의 소

Text

1. The plaintiffs' lawsuits against Defendant D, E, F, G, and H are dismissed.

2. The plaintiffs' defendant.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the respective entries and arguments stated in Gap evidence Nos. 1, 2, 5, 8, 9, 12, Eul evidence Nos. 1 and 3, Eul evidence Nos. 4-4, Eul evidence Nos. 5, and 11 through 16 (including each number), and the whole purport of arguments:

Defendant C Apartment Housing Reconstruction and Improvement Project Association (hereinafter “Defendant Association”) held an inaugural general meeting on September 9, 2013 pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement the reconstruction of Seocho-gu Seoul Metropolitan Government apartment (hereinafter “instant apartment”) and resolved to enact the association’s articles of association (hereinafter “the articles of association of the Defendant Association”) with one head, one auditor, six directors, and 18 representatives elected, and obtained authorization for the establishment of the association on October 10 of the same year.

B. 1) On November 23, 2017, the Defendant Union’s election of the president, auditor, and director of the partnership (hereinafter “instant election”).

(1) The term “instant special meeting” (hereinafter referred to as “instant special meeting”) means an agenda.

(2) Of 181 members, 170 of the members were present by submitting a written resolution at the instant special meeting (80 persons), 50 advance polling (50 persons), or 40 direct voting (40 persons). Defendant D 100 votes (written resolution 25 marks and 27 on-site advance polling 13 marks) of Plaintiff A67 in the election of the head of the cooperative association as to whether the candidate obtained the candidate for each type of executive officer was elected (written resolution 13 marks and 27 on-site advance polling 27 marks), Defendant E90 marks (written resolution 62 marks and 16 on-site advance polling 16 marks), Defendant 75 marks (written resolution 15 marks and 28 on-site advance polling 32 marks and 15 marks on the 180 marks on the advance polling 25 marks on the 165 marks on the 186 marks on the 16818 marks on the 1668 marks on the front polling.