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(영문) 대구지방법원 2017.07.20 2017가합201709
임시총회 결의 무효 소송
Text

1. The plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. Defendant JBB Promotion Zone, Housing Redevelopment and Improvement Project Association (hereinafter “Defendant Cooperative”) is established for the purpose of implementing a housing redevelopment improvement project in the area of 68,843 square meters in Daegu Dong-gu Lbol-gu under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). On June 7, 2014, the Housing Redevelopment and Improvement Project Association approved by the head of Daegu-gu Dong-gu Dong Office.

B. Plaintiffs A, B, C, D, E, and Non-Party M are persons appointed as executive officers at the inaugural general meeting of the Defendant Union held on March 14, 2014 and perform their duties. Plaintiffs F, G, H, and I, as part of the directors appointed at the above inaugural general meeting, are appointed as directors at the board of representatives held on October 19, 2016 and performed their duties.

C. Meanwhile, Nonparty N was appointed as the president of the Defendant Union’s inaugural general meeting, and was dismissed on September 9, 2016 by the resolution of the general meeting. Accordingly, Nonparty N was an agent for the president of the association.

After that, as the aboveO, which was the acting director of the partnership, was dismissed from office at the extraordinary general meeting of the defendant association held on January 29, 2017, the board of directors held on January 24, 2017, was appointed as the acting director of the partnership.

E. On February 6, 2017, some of the members of the Defendant Union, including Nonparty P, etc., proposed “the dismissal of all of the executives of the Plaintiff and Nonparty M)” in accordance with Article 23(4) of the Urban Improvement Act and Article 18(3) of the Articles of association of the Defendant Union, and proposed the same year.

2. Around August 201, a public announcement was made to hold an extraordinary general meeting (hereinafter “instant extraordinary general meeting”) with the purport of holding an extraordinary general meeting for the resolution of the said agenda on February 24, 2017.

F. After that, at the instant special meeting held on February 24, 2017, the Defendant Union deemed that the quorum of a majority of the members present at the instant special meeting and that the number of 269 members (51.9% of the total members) among the 518 members was satisfied, and that the Plaintiffs and Nonparty M were satisfied.

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