(영문) 부산지방법원 2020.05.27 2019가합44268

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(영문) 부산지방법원 2020.05.27 2019가합44268

해임결의무효확인 청구의 소

Text

1. The Defendant’s Intervenor’s motion to intervene is dismissed.

2. All plaintiffs' claims are dismissed.

3...

Reasons

1. Basic facts

A. 1) The defendant is a housing redevelopment and rearrangement project association established for the purpose of implementing a housing redevelopment and rearrangement project with the area of 233,063 square meters in the Dong-gu, Busan Metropolitan City as the business area. The defendant's intervenor is a person who is a joint representative of the defendant's emergency countermeasure committee. 2) The plaintiff A is the head of the defendant's association, the plaintiff F is the auditor, the remaining plaintiffs are the persons who were each directors, and N is the auditor together with the plaintiff F.

B. 1) Publication of Special General Meeting and Resolution of Dismissal of the Defendant’s members 1/10 or more, and the Defendant’s Intervenor’s Intervenor and 164 members are the Defendant’s Articles of Incorporation (hereinafter “instant Articles of Incorporation”).

(2) On April 26, 2019, 567 of the total number of 1,07 members [6 members of the direct meeting, 561 members of the cooperative (198 members of the 198) who participated in the written resolution of dismissal of the executives] attending the meeting of 567 members (5.65% of the total number of 1,07 members (197.65% of the number of members of the 197.65% of the number of 68.65% of the number of 57.65% of the number of 68.65% of the number of 57.6% of the number of 7.65% of the number of 97.65% of the number of 57.6% of the number of 97.65% of the number of 65% of the number of 585% of the number of 97.65% of the number of 56% directors of the 597.6565% of the number of the 656585% of the 58.6.6856.65% of the dismissal.

(hereinafter “instant resolution of dismissal”) C.

Article 14 (Executive Officers) (1) of the main contents of the articles of incorporation of the case shall have the following executive officers:

1. One head of the partnership;

2. Ten or less directors (six or more directors);

3. Three auditors or less. (2) The partnership officers (including the president of the partnership) shall be present at the general meeting of the majority of the partnership members and present.

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