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(영문) 대구지방법원 김천지원 2018.06.29 2018가합15447
대의원회 결의 무효 확인의 소
Text

1. A resolution of the board of representatives held by the Defendant on February 6, 2018 to appoint C, D, and E as a representative is null and void.

Reasons

1. Basic facts

A. The defendant is composed of 220 members of an association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) in order to implement a housing redevelopment improvement project within the first half of the Si/Gu, and the plaintiff is the defendant's members.

B. The Defendant’s board of representatives was composed of 23 representatives on January 10, 2018. Of the above representatives, G submitted a letter of resignation of a representative for each of the reasons that G was a branch of a disease, H was a head of a partnership, and H was a head of a partnership, I, and J.

C. On January 27, 2018, the Defendant held a general meeting of members and passed a resolution to elect the said I and J as a director.

H is not elected as the president of the partnership (not elected as the president of the partnership).

On February 6, 2018, the Defendant held a board of representatives on February 6, 2018, and made a resolution on the appointment of substitute C, D, and E as representatives (hereinafter “instant resolution”) by attending 18 of the remaining 19 representatives, excluding four other representatives who have submitted a letter of resignation, and voting at least 10 votes.

E. The contents of the Urban Rearrangement Act and the Defendant’s articles of incorporation relating to the instant case are as follows.

Article 46 (Representatives) (1) Any association with at least 100 members shall have a board of representatives.

(2) The board of representatives shall be comprised of at least 1/10 of the members.

Provided, That where 1/10 of members exceeds 100, it may be comprised of at least 100 members within the scope of 1/10 of the members.

(3) No one, other than the head of an association, shall become a representative.

(4) A board of representatives may exercise the authority of a general meeting on its behalf, except for matters prescribed by Presidential Decree.

(5) The number, method and procedure for appointing representatives, method of resolution by the board of representatives, etc. shall be prescribed by the articles of association within the extent prescribed by Presidential Decree.

Article 24 (Establishment of Board of Representatives) (1) An association shall have a board of representatives.

(2) The number of representatives shall be at least 1/10 of the number of union members.

(3)

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