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(영문) 서울서부지방법원 2018.02.08 2017가합30507
총회결의무효확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The defendant is the Housing Redevelopment and Improvement Project Association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents to promote housing redevelopment projects in Seodaemun-gu Seoul Metropolitan Government, and the plaintiff is the defendant's member.

B. D and E, the Defendant’s member, filed an application with the Seoul Western District Court 2015Kahap50586, 2015Kahap50586-1 for a provisional disposition to suspend the performance of duties and to appoint an acting director for the head of an existing association, etc. on March 31, 2016, upon receipt of a provisional disposition to suspend the performance of duties with respect to the head of an association, etc., and received a decision to appoint BK as an acting representative on April 27, 2016 from the above court.

C. On July 30, 2016, the Defendant held an extraordinary general meeting for the election of executive officers, but the above extraordinary general meeting was no longer than the quorum, and the Defendant again held an extraordinary general meeting (hereinafter “instant general meeting”) on October 30, 2016, and paid KRW 60,000 to the union members who submitted a written resolution with attendance allowance, and KRW 10,000 to the union members who attended the meeting without submitting a written resolution, and KRW 80,000 to the union members who attended the meeting without submitting a written resolution, and as indicated in attached Table 1 at the instant general meeting, passed a resolution for appointing the head of the Defendant’s partnership, auditor, director, and representative (hereinafter “instant resolution”).

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-1, 1-2, Eul evidence 1-2, the purport of the whole pleadings

2. The instant resolution is null and void on the grounds as delineated below the Plaintiff’s assertion, and thus, the confirmation is sought.

Pursuant to Article 21 (4) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents and Article 20 (6) of the Standard Administrative Rules, the provision of all money and valuables or entertainment is prohibited in relation to the election of partnership officers, such as the Seoul Metropolitan Government Improvement Project Cooperatives, but the attendance allowance was paid to the union members present at the meeting of the

B. Defect of the quorum for the proceedings of the Defendant Union

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