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(영문) 서울서부지방법원 2020.09.24 2020가합34172
이사회결의무효확인
Text

All of the plaintiffs' lawsuits of this case are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. The Defendant is the Housing Redevelopment and Improvement Project Association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents established to implement a housing redevelopment project with the area of 239,247.91 square meters located in Eunpyeong-gu Seoul Metropolitan Government.

Three years of each term of office of 110 representatives of 3 years and 110 representatives of the partnership (the number of representatives elected according to the number of representatives reappointed at the general meeting, including deferred representatives, may be changed) with the number of persons elected in the public announcement of the registration of candidates for representatives, one head of the partnership, three full-time directors, not more than seven full-time directors, not more than seven full-time directors, and three auditors or less.

9. Appointment by the articles of association of a cooperative in the order of a majority of the number of persons present at a general meeting or the highest number of winners pursuant to Articles 15 (2) and 22 (2);

B. On December 29, 2019, the Defendant held a general meeting of shareholders to elect union officers and representatives, and announced the following details on November 25, 2019.

C. On December 29, 2019, the 2,677 general meeting of the Defendant (hereinafter “instant general meeting”) attended by 1,964 of all union members.

In the election for full-time directors, 6 members, including the plaintiffs, were standing 1,092 marks E (55.6% of the members present at 1,964; hereinafter the same shall apply), 632 marks (32.2%) by plaintiffs B, 58 marks (29.9%) by plaintiffs A, 531 marks (27.0%), G 451 marks (23.0%) and H obtained 352 marks (17.9%) respectively.

The defendant announced only E who obtained a majority of the members present at the general meeting of this case as a full-time director elected, and completed the registration of change of executive officers on February 5, 2020.

E. On February 6, 2020, the Defendant notified the full-time E and seven full-time directors of the holding of the board of directors. On February 10, 2020, the board of directors held on February 10, 2020 (hereinafter “the board of directors of this case”) deliberated on the agenda items 1 through 5 and the agenda items on the settlement of accounts in the year 2019, and resolved to submit them to the board of directors.

After February 19, 2020, the Board of Representatives held on February 19, 202.

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