(영문) 수원지방법원 2019.06.13 2018가합24953

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(영문) 수원지방법원 2019.06.13 2018가합24953

임시총회 결의 무효의 소

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1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is an organization established for the purpose of sharing friendship and profit-sharing among members for the prosperity of commercial buildings in Suwon-gu B commercial building in Suwon-si (hereinafter “instant building”), which consists of 33 sectional owners or tenants of the instant building.

B. The Plaintiff is one of the sectional owners under subparagraphs C, D, and E of the instant building, and operates a trade name “F” at the same place.

C. On August 21, 2014, the Defendant enacted the rules of association (hereinafter “instant management rules”) and among those, the items relating to the qualification of members and the status of executives are as follows.

Article 2 (Qualifications for, and Management and Operation Right of, Members) The requirements for membership of the common winners shall be that the actual user (the shop owner or tenant) of the store becomes a member of the shopping mall, shall have the right to manage and operate this common store, shall handle all the agenda through the shopping mall, shall comply with all the matters resolved, and the rules of the shopping mall association shall be as follows:

2) The composition of a member shall be the actual user of the store (including the head of the store or the tenant), the successor shall immediately succeed to the replacement of the store user, and the store owner shall immediately succeed to the membership in the absence of the user. 3) The member shall have voting rights, and the resolution of the meeting shall be adopted with the consent of more than half of the members present (including the person in writing).

Provided, That the opinions of the members delegated in writing shall be agreed upon by the members present at the meeting, and the rules shall be decided by the affirmative votes (including those delegated in writing) of at least 2/3 of the members.

4) The meeting shall be convened twice a year (the first half and second half of the year), and shall be convened by the Chairperson. 5) The officer of the plenary session shall be one adviser, one chairman, one secretary, one auditor, and one auditor, and may be elected at the ordinary meeting, if necessary, through an extraordinary session.

The term of office shall be one year, and qualifications, duties, and treatment shall be as follows:

The plaintiff around April 2017.

유사 판례

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