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(영문) 서울서부지방법원 2020.11.12 2019가합36929
임시총회결의무효확인
Text

1. Of the instant lawsuit, each item of the instant lawsuit indicated in the separate sheet No. 1 at an extraordinary general meeting held by the Defendant on March 9, 2019.

Reasons

1. Basic facts

A. The Plaintiff is the Defendant (hereinafter “Defendant Union”)

(2) The Defendant Union is a maintenance project association which obtained the approval of establishment on September 26, 2008 and obtained the approval of implementation on September 6, 201, for the purpose of running a housing redevelopment project.

B. On March 9, 2019, the Defendant Union was notified of the approval from the head of Seodaemun-gu on January 2, 2019 by the head of the Si/Gun/Gu. The representative C, D, and E three persons representing the proposings of the special meeting are the 246th of the Seodaemun-gu Seoul Western-gu, Seoul on March 9, 2019, and the 6th of the Seodaemun-gu Office (hereinafter referred to as “the 1st special meeting”).

2) After holding the first special meeting, the Defendant Union Election Commission publicly announced that the members of 996 (written resolution and advance voting, 822 direct witnesses, 174) attended the said special meeting and that each of the items included in the attached Table 1 were resolved as follows.

No. 2 of the number No. 809 No. 1 of the 126's title No. 2 of the 126's title No. 1 of the 126's title No. 3 of the 831 of the 126's title No. 4 of the J 857's title No. 4 of the 857's title No. 5 of the 868's title No. 7 of the 845's title No. 7 of the 845's title No. 7 of the 8416's title No. 88 of the 126's title No. 1 of the 126's title No. 1 of the 126's title No. 8 of the 852's title No. 177 of the 1987's number of the candidates for the election of all the representatives who are elected.

C. Some union members, including the Plaintiff, who convened and held the second special meeting on May 11, 2019, were treated as a full valid vote by a written resolution submitted by a person who is not an actual union member or a deceased person at the first special meeting.

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