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(영문) 서울서부지방법원 2020.12.09 2019가합39706
임시총회결의무효확인
Text

All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant is a cooperative established on March 23, 2012 to implement the Housing Redevelopment Improvement Project in Eunpyeong-gu Seoul, and the Plaintiffs were appointed as a director of the Defendant Partnership on May 18, 2018 and completed the registration on June 4, 2018.

B. The Defendant Intervenor and M, as the representative of the Defendant Association proposing the special meeting, convened the special meeting on October 26, 2019 (hereinafter “instant special meeting”) with each of the items listed in the separate sheet (i.e., the case of dismissal of directors, (ii) the case of resolution of dismissal of directors, and (iii) the case of dismissal of the dismissed directors’ office; hereinafter “each of the items of the instant case”).

C. On October 26, 2019, around 18:14, 2019, 485 members of the instant special meeting were present (474 members of the written resolution, 11 members of the site) among the total number of 866 members. At around 19:12, 487 members of the total number of 86 members of the instant special meeting were present (the written resolution No. 10 of the written resolution No. 469) (the written resolution No. 10 of the written resolution No. 10) were excluded from five members of the 866 members of the instant special meeting.

1) As the chairman of the extraordinary general meeting, the Defendant Intervenor H presented each of the instant agenda items as the chairman, and conducted a written resolution and voting. 2) Of the 487 members present, the Defendant Intervenor H declared that: (a) among the 487 members of the Plaintiff’s 487 members, the number of 1, 1, 2, 3, 481, 1, 1, 2, 5, 483, 2, 2, 2, 3, 483, 483, 483, 2, 2, 2, 2, 2, 2, 3, 481, 482, 3, 481, 2, 3, 482, 3, 482, 3, 482, 3, 482, 3, and 44, and 44, 3, and 44, respectively, of the director E.

3. The defendant supplementary intervenor H is the 480 affirmative votes, 1 dissenting votes, 6 dissenting votes, and invalid votes among the 487 members present.

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