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(영문) 부산지방법원 2018.06.21 2016가합48009
소유권이전등기
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit are assessed against D who is represented by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s establishment and implementation process are the reconstruction improvement project association that obtained authorization from the head of the Busan Metropolitan Government North Korea on June 30, 2003 to implement the A house reconstruction improvement project located in the Busan Northern-gu E.

The Plaintiff obtained authorization for the implementation of a project from the head of the Busan Metropolitan Government North Korea on May 27, 2005 and obtained authorization for the implementation of a project from February 26, 2016 to May 15, 2016. The Plaintiff received the application for parcelling-out from April 15, 2016 to its members, and the Plaintiff established a management and disposal plan and obtained the authorization therefor from the head of the Busan Metropolitan Government North Korea-gu Busan Metropolitan Government on February 24, 2017.

B. Articles 12 (Officers) (1) of the Plaintiff’s articles of association have the following officers:

(a) One president;

(b) Seven directors (including the president of the association). (4) The term of office of officers shall be from the date on which they are appointed until the project is completed

A voluntary withdrawal, or a non-Confidence resolution at a general meeting of partners or a board of representatives, or a disqualification under Article 13 has occurred, this shall not apply.

(2) Where any executive or representative is indicted for a criminal case related to his/her duties after being appointed as an executive or representative, his/her qualification for performing his/her duties shall be suspended until a final and conclusive judgment is rendered, and the executive or representative who has been sentenced to a fine or heavier punishment for the relevant case shall lose his/her qualification from the date of such appointment.

Where a person loses his/her qualification, he/she shall immediately select new executives and representatives and obtain authorization for change of the North-gu Office.

Article 14 (Duties, etc. of Executives) (1) The head of the association shall represent the association, exercise overall control over its affairs, and preside over the general meeting, the representatives' meeting and the board

(6) Where the head of a cooperative is unable to perform his/her duties due to an accident, he/she shall act on his/her behalf from among full-time directors.

Article 15 (Dismissal, etc. of Executive Officers) (1) Any executive officer who resigns or neglects his/her duties, or neglects his/her duties, or this regulations.

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