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(영문) 대구지방법원 영덕지원 2017.02.02 2015가합153
임시총회결의 무효확인의소
Text

1. The Defendant’s resolution on the special general meeting of July 26, 2015 and Nonparty B, who was August 11, 2015, are appointed as the principal.

Reasons

The basic fact is that the defendant is an organization with the purpose of contributing to the development of the village and the region by consisting of residents residing in the Gyeongjin-gun, Ulsan-gun, and the plaintiffs are the members of the defendant.

On July 3, 2015, 57 persons, including B, who are the Defendant’s members, were decided to convene an extraordinary general meeting (Seoul District Court Younguk District Court Decision 2015FT3) with the purpose of the meeting to elect the principal as the Defendant’s representative from the Yeongdeungpo Branch Branch of the Daegu District Court.

B issued a notice of convening an extraordinary general meeting on July 21, 2015 to 85 members of the Defendant, and on July 26, 2015, the Defendant held an extraordinary general meeting (hereinafter “instant primary special meeting”) on July 26, 2015 and passed a resolution to elect the chairperson and two members of the Election Commission within two weeks with the consent of all members of the 50 members, including those who submitted the power of delegation.

Since then, the Defendant notified the village broadcasting of the fact that the general meeting for the election of the head of this Chapter was held, on August 11, 2015 (hereinafter “the secondary general meeting of this case”), held the general meeting of this case (hereinafter “the primary general meeting of this case”) and passed a resolution to select B as the head of this Chapter with the consent of all the participants present while 52 households attend the general meeting.

[Ground of recognition] A-6 evidence, Eul-5 and 8 evidence, and the purport of the entire argument by the plaintiffs in each extraordinary general meeting of this case is invalid because there are the following defects.

① The notice of convening the first special meeting was omitted for some members, the notice of convening the meeting was not observed, and the quorum was not satisfied.

In addition, there is a defect in the composition of the election commission, such as a member of the election commission.

(2) The procedures for convening the second special meeting shall be conducted for the verification of candidates even though the term of office in the previous Chapter has not expired.

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