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(영문) 서울북부지방법원 2017.01.11 2016가합21289
청산인지위부존재 확인 등
Text

1. Nonparty F is the Defendant’s representative liquidator, Nonparty G, Nonparty H, Nonparty I, Nonparty J, Nonparty K, and Nonparty L respectively.

Reasons

1. Basic facts

A. Party status 1) The Defendant shall be the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

(2) Pursuant to the foregoing, E (Seoul Northern-gu M 77,845 square meters) is a cooperative established for the purpose of housing redevelopment improvement project by making its business area the zone E (7,845 square meters). The plaintiffs are the defendant's members. 2) F has been working as the defendant's president, G, H, I, K, and L as the defendant's director.

B. On August 25, 2011, the Defendant decided to dissolve the association by holding a board of representatives on August 25, 201, and appointed F as a representative liquidator, G, H, I, K, and L, respectively, and completed the registration of dissolution on September 16, 201. (2) On May 22, 2012, N,O, and Plaintiff A, a member of the Defendant, filed a lawsuit against the Defendant seeking confirmation of invalidity of the board of representatives as of August 25, 201, against the Defendant.

3) On December 22, 2012, the Defendant: (a) held a general meeting of partners on August 25, 201; and (b) decided to confirm appointment of a liquidator as the result of the dissolution of an association conducted by the board of representatives on August 25, 2011; (c) at the time, the instant association reported its gender to the effect that 395 members, among the total 786 members, were present; (d) In this case, the instant court reported its gender to the effect that 2012Ga4118, supra, 2013: (a) on February 6, 2013, the said court confirmed the dissolution of an association based on Article 24(3)12, etc. of the Urban Improvement Act, etc.; (b) thus, the resolution of the board of representatives on August 25, 201, which was substituted by the resolution of the board of representatives, was null and void, barring any special circumstance; (c) the Defendant sought the confirmation of the rights relationship of the previous council.

5 N,O, and.

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