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(영문) 수원지방법원 안산지원 2021.01.14 2019가합9092
임원선임총회의결무효확인
Text

All of the plaintiff's claims are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. 1) The Defendant is a partnership established on September 3, 2012 in accordance with the Act on the Maintenance of Urban and Residential Environments for the redevelopment project in the O of Gwangjin-si.

2) The Plaintiff is the Defendant’s member.

B. On December 8, 2018, the Defendant’s general meeting of shareholders (hereinafter “general meeting of this case”) was held on December 8, 2018 to appoint the Defendant’s executives (one president, two auditors, and nine directors).

2) At the 890 general meeting of this case, 739 persons among 890 members (at least 655 on-site voting) were required to participate in the voting for appointment of 2, and C was elected as the president of the cooperative upon 662 marks (Dissenting 35, 42 marks), 625 marks (Dissenting 29, 85 marks), 627 marks (Dissenting 21, 94449, 97 47 947 947 3647 947 947 14647947, 364192942942942947, 364197, 25497, 364197, 25492, and 364194, respectively.

C. The articles of incorporation and the relevant regulations in the election management regulations of the defendant, such as the defendant's articles of incorporation, are as follows.

Article 9 (Qualifications for Members) (1) Members of the articles of association shall be deemed one member representing the number of persons who own land or buildings within a project implementation zone (hereinafter referred to as "owners of land, etc.") or persons with superficies (hereinafter referred to as "owners of land, etc.") in any of the following cases:

In such cases, the representative shall be the representative member.

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