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(영문) 의정부지방법원 2020.07.17 2019가합56968
임시총회 결의 무효확인 등 청구의 소
Text

The instant lawsuit is dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

Basic Facts

The plaintiffs are members of the defendant association, and the defendant association is the housing reconstruction and improvement project association that obtained approval for the establishment of the association from the Namyang-si market for Qyang-si's housing 54,414 square meters in Qu Il-si designated as a rearrangement zone pursuant to Article 4 of the former Act on the Maintenance and Improvement of Urban Areas

On June 1, 2019, the Defendant Union held an extraordinary general meeting and passed a resolution to elect Defendant G as a director of the Defendant Union (hereinafter “instant resolution”) and to select Defendant G as an auditor, Defendant I, J, K, K, L, M, N,O, and P as an auditor of the Defendant Union (hereinafter “instant resolution”).

(hereinafter) In the above resolution, the president of the association, the auditor, and the Defendants appointed as directors (hereinafter “Defendant G, etc.”). On January 4, 2020, the Defendant association held an extraordinary general meeting, and resolved to dismiss Defendant G from the director of the association of the Defendant association, Defendant H from the director of the association of the Defendant association, and from the auditor of the Defendant association, Defendant I, J, K, L, M, N,O, and P, respectively.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 8 (including a branch number), and the purport of the whole pleadings by the plaintiffs' assertion of the purport of the whole pleadings are invalid since there are serious defects in the number of persons and ballot counting as at the time of reporting gender, and the number of direct voters is not identical. Thus, the resolution of this case is not an officer of the defendant association.

The Defendant Union’s assertion of the Defendants as to the defense of this safety by the Defendants’ assertion shall hold an extraordinary general meeting on January 4, 2020 and dismissed Defendant G from the head of the Defendant Union’s audit and inspection at the Defendant Union’s director, Defendant I, J, K, L, M, N,O, P, respectively. Thus, even if the resolution of this case is null and void, seeking confirmation thereof shall be dismissed on the ground that it merely seeks confirmation of the past legal relationship or legal relationship.

A resolution to appoint an executive officer of any relevant legal entity.

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