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(영문) 전주지방법원 2018.05.16 2017가합260
이사등 해임의결무효확인
Text

1. Of the instant lawsuit, F, G, H, and I are dismissed from office at the Defendant’s ordinary meeting of December 20, 2016, and F, G, H, and I are removed from office.

Reasons

1. Basic facts

A. In order to implement a land readjustment project for the creation of the E site in the Jinandong-gun (hereinafter “instant project”), the Defendant is an association established with the authorization of establishment on June 22, 2000 after filing an application for the establishment of the Defendant association under the Land Readjustment Projects Act around October 1999.

As a member of the Defendant Union, the Plaintiffs were appointed as the Defendant’s director (Plaintiff A, B, C) and auditor (Plaintiff D) at an extraordinary general meeting held by the Defendant on December 28, 2015, and the registration was completed on February 5, 2016.

B. On November 18, 2015, P et al., the Defendant’s member P et al., held an extraordinary general meeting on December 28, 2015 with the Defendant’s permission for convening an extraordinary general meeting (2015 non-conforming20) granted to the court on December 4, 2015.

(hereinafter referred to as “the seventh special meeting”). At the seventh special meeting, P was elected respectively by the head of the Defendant’s association as the director, Plaintiff A, C, C, F, G, H, I as the director, Plaintiff D, N, andO, and the term of office of the elected officer was decided until December 31, 2017.

C. On October 6, 2016, the Defendant held the 8th executive meeting and the 5th executive meeting to prepare for the opening of the general meeting.

The above board of directors and the board of representatives attended the president of the partnership, three auditors, five directors, and 22 representatives. At the above meeting, the board of directors and the board of representatives decided to make the “Preparation Group for Holding a regular general meeting” composed of some of the union officers (hereinafter “Preparation Group”) and make a decision to appoint the preparation for holding a general meeting.

The preparatory group (P, audit N, directors I, H, representatives K, L, Q, and R) opened a meeting on October 20, 2016 and decided on December 20, 2016 on the opening date of the general meeting. The meeting minutes of the above preparatory group stated "(3) the number and improvement of representatives as one of the agenda items of the general meeting, and (4) the replacement of executives."

E. As of October 31, 2016, the Preparatory Group issued a “public announcement of holding the 8th regular union meeting”, and the public announcement is required.

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