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(영문) 대구지방법원 김천지원 2021.01.15 2020가합15532
임원지위부존재확인
Text

All of the plaintiffs' lawsuits against the defendants are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. The Defendant Union is a partnership established based on the Urban and Residential Environment Rearrangement Act for the purpose of improving a rearrangement project for the purpose of removing buildings and constructing new buildings within the project implementation zone of the Gu and the Gu and the Si and the Si and the Si and the Si and the Si and the E and F are the members of the Defendant Union.

B. On November 26, 2016, the Defendant Union held a general meeting of shareholders on November 26, 2016, and resolved to appoint Defendant E as the president of the Defendant Union, Plaintiffs, Defendant F, etc. as the directors of the Defendant Union.

Since then, upon the recommendation of the board of directors of the defendant association, defendant F was appointed as the president of the partnership at the representative council.

(c)

At the special meeting of the defendant union held on April 8, 2020 with the proposal of some of the defendant union members including the plaintiffs, there was a resolution to dismiss defendant Eul from the head of the association and each of the directors of the defendant F.

(d)

On April 10, 2020, Defendant E, as the president of the Defendant Union, notified the executive officers and representatives of the Defendant Union, whose term of office has expired, to hold an integrated meeting on April 14, 2020 with a view to the election of executive officers (the president, directors, and auditors) and further election of additional representatives.

E. On April 14, 2020, the Plaintiffs filed an application for provisional disposition against Defendant E and F seeking suspension of the performance of duties and appointment of a person performing duties as an executive officer of the Defendant Cooperative, as the Daegu District Court Kimcheon-cheon 2020Kahap 1009, and on May 25, 2020, the mediation was concluded to suspend the performance of duties as an executive officer of the Defendant Cooperative until the judgment on the merits of this case against Defendant E and F became final and conclusive, and to appoint an attorney H as an executive officer of the partnership during the suspension period of the performance of duties by Defendant E’s agent (hereinafter “the above person performing duties”). Meanwhile, the contents of the articles of association of the Defendant Cooperative related to this case are as follows.

Article 14 (Executives) (1) A cooperative shall have the following executives:

1. One head of the partnership;

2. Five directors (including one vice-president of the partnership); and

3. Two auditors.

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