Text
1. Of the instant lawsuit, a resolution by the Defendant to appoint C as the president of the partnership at a temporary general meeting of partners on February 12, 2020.
Reasons
Facts of recognition
The defendant is a regional housing association established in accordance with the Housing Act in order to implement collective housing projects in the Nam-gu Seoul metropolitan area.
The audit and inspection E by the defendant on November 6, 2019 that "1. Union member credit loans and secured loans)" is extended to the plaintiff who was the head of the defendant's partnership on November 6, 2019;
2. Cases of re-consigning the president of the partnership;
3. The case of re-election of officers of the partnership;
4. Cases of re-election of the president of the partnership (at the time of a resolution on agenda No. 2);
5. Although the Plaintiff requested the convening of an extraordinary general meeting for the purpose of the meeting “(3) of the appointment of directors and auditors,” the Plaintiff applied for the convening of an extraordinary general meeting for the purpose of meeting the above five agenda items to the instant Defendant himself/herself (Seoul District Court 2019 non-joint 26). On January 2, 2020, this Court rendered a decision to authorize the convening of an extraordinary general meeting for the purpose of meeting the items Nos. 2 and 4 among the five agenda items (hereinafter “instant convocation permission decision”).
On March 12, 2020, the defendant filed a special appeal (Supreme Court Decision 2020 Gohap 516).
On January 6, 2020, the defendant, at the meeting of the board of directors held on January 6, 2020, passed a resolution to the effect that "five election management members including the chairperson of the election management committee shall organize the election management committee," including the chairperson of the election management committee, by posting a public notice on the registration of candidates for election management members at the defendant F, and by receiving an application by January 7, 2020, the board of directors held on January 7, 2020 held that G, H, I, J, and K shall be appointed as the defendant's election management members.
On January 12, 2020, the Defendant’s election management commission publicly announced the public notice stating that “The Defendant’s president of an association shall hold an extraordinary general meeting and adopt a written resolution, advance voting, on-site voting, and on-site voting, to pass a resolution on the re-election and re-election of the president of an association.”
The Defendant’s decision on the instant permission to convene an extraordinary general meeting on February 12, 2020 (hereinafter “instant extraordinary meeting”).