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(영문) 서울중앙지방법원 2014.12.18 2014가합29532
임시총회결의 무효확인
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant is the housing reconstruction and rearrangement project association whose project area covers Seocho-gu Seoul Metropolitan Government C Apartment (the site area of 30,441 square meters), and the Plaintiff A was the head of the Defendant’s partnership, the Plaintiff B’s audit, and the F were the Defendant’s directors, respectively.

B. On May 12, 2014, G received a demand from at least 1/10 of the entire members of the Defendant to propose an extraordinary general meeting, and on May 12, 2014, G publicly announced that the Plaintiffs and F should hold an extraordinary general meeting concerning the dismissal of the Plaintiffs and F. Accordingly, around 19:00 on May 29, 2014, the general meeting indicated in the attached list (hereinafter “instant general meeting”) at the education center of Seocho-gu Seoul Metropolitan Government Association as an agenda for the dismissal of the Plaintiffs and F from the Plaintiffs and F.

C. The general meeting of this case, among the total 180 members of the Defendant’s members present in writing, 105 members present at the general meeting of this case (No. 3) stated that the Defendant reported the number of members present in writing at the time of voting commencement to the effect that the number of members present at the general meeting of this case was 101 members. However, considering that the Defendant submitted a total of 105 written resolution (No. 4) to the Defendant prior to the general meeting of this case, the number of members present at the meeting of this case at the above gender report

(B) Among them, 49 members, 106 members, and 106 members, who are present at the site, were present at the meeting, and as a result of voting execution, the number of members, 105, 105, 1, 1, 1, 1, 1, 1, 1 and 2, 96, 5, 5, 5, and 5, respectively, were resolved to dismiss the plaintiffs and F from the executive officers of the defendant association.

On June 5, 2014, the council of representatives of the defendant adopted a resolution to suspend the duties of the plaintiffs and F. Since then H, the oldest of the defendant's directors, is an acting director for the president of the association under Articles 18 (5) and 16 (6) 3 of the Articles of Incorporation of the defendant, holding an extraordinary general meeting on July 31, 2014.

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