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(영문) 서울고등법원 2015.09.10 2015나2000203
근저당권말소
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. F Co., Ltd. (the representative shall zero).

hereinafter referred to as “F”

on June 20, 2009, K Urban Development Project Promotion Committee (hereinafter referred to as “Promotion Committee”) established by the land owners of Seongbuk-gu, Sungnam-gu, Sungnam-si, a prospective urban development project promotion area.

The plaintiff's paper M, L, etc. is a propelling member.

(2) The Plaintiff’s Chairperson I made an agreement on the sale of land E on August 6, 2009, the amendment of its articles of incorporation, etc. on the same month under the name of the Plaintiff’s Chairperson.

9. To hold an emergency general meeting;

"The notice of convening the meeting was sent." The notice of convening the meeting was sent by mail at F's expense of KRW 122,00,000.

In this regard, I did not have a resolution of the board of directors for convening an extraordinary general meeting as of August 9, 2009, and it did not have a notice of convening an extraordinary general meeting as of September 2012, and it did not have a notice of convening an extraordinary general meeting, and therefore, I was null and void of the above resolution of the extraordinary general meeting, and at the time the official seal

“Preparation of a confirmation of fact to that effect”

(3) On August 9, 2009, 146 members including the power of attorney among the total closing 200 members, including the power of attorney, the Plaintiff sold the E-Japan land owned by the Plaintiff to a named G Co., Ltd. (hereinafter referred to as “F, etc.”) that is to be newly established by F and F to implement an urban development project, and delegated the board of directors with the authority to prepare the contract, determine the sale area, and consent to administrative procedures necessary to implement an urban development project, and made a resolution to amend the Plaintiff’s articles of incorporation as follows.

4) The Plaintiff’s articles of incorporation (hereinafter “former Articles of Incorporation”) and “former Articles of Incorporation”).

Article 17 (Special General Meeting)

1. The chairman shall deem it necessary for an extraordinary general meeting;

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