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(영문) 창원지방법원 2018.10.25 2017가합51566
이사회결의 무효확인의 소
Text

1. It is confirmed that the resolution presented by the Defendant to each board of directors listed in the separate sheet is invalid.

2...

Reasons

1. Basic facts

A. The Defendant is a regional housing association established on April 12, 2016 in order to carry out a new apartment construction project (hereinafter “instant project”) using the Dong-dong, Kimhae-si as a business site, and the Plaintiffs are the members of the Defendant.

B. The Plaintiffs raised an objection to the instant business progress method, etc. by the Defendant’s executives, and the Defendant, as delineated below, held a board of directors and resolved to dismiss the Plaintiffs from the association members pursuant to Article 10(6) of the Union Regulations (hereinafter “instant first resolution”).

Plaintiff

A- The date on which the board of directors is held: The reason for expulsion - The date on September 21, 2016: The reason for expulsion: A- The date of holding the board of directors, such as creating uneasiness for the members of the association, interference with the operation of the association, etc., caused by the occurrence of problems in the promotion of the project: October 24, 2016; - The reason for expulsion: Plaintiff C- the date on which the meeting of the board of directors is held on November 29, 2016: (the reason for expulsion is the same as the reason for expulsion of Plaintiff B).

C. On March 10, 2017, the Plaintiffs filed an application against the Defendant for provisional disposition of suspending the validity of the instant primary resolution with the Changwon District Court 2017Kahap10062, and on April 25, 2017, the Changwon District Court rendered a provisional disposition that “the effect of the instant primary resolution is suspended until the final judgment on the merits of the lawsuit, such as the confirmation of invalidity of the resolution of expulsion of the Plaintiffs against the Defendant.”

Since then, the Defendant again held a board of directors as follows and resolved to dismiss the Plaintiffs from the association members pursuant to Article 10(6) of the Union Regulations (hereinafter “the second resolution”).

Plaintiff

B- Date of holding a board of directors: - Grounds for expulsion: NAV (Bande: D regional housing association-free debate) to which 735 members are affiliated, slanders association and association executives and in subrogation.

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