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(영문) 인천지방법원 2014.07.02 2014가합50513
구상금
Text

1. The Defendant’s KRW 24,312,540 as well as 5% per annum from March 20, 2014 to July 2, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. The relevant Defendant is a cooperative established to implement a housing redevelopment project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents in Bupyeong-gu, Incheon. The Plaintiff is a person who was a member of the Defendant Union.

The defendant's member is a total of 547 persons as of December 19, 201.

B. Around November 30, 201, at least 1/10 of the members of the Defendant Union (1/10 or more of the members of the Defendant Union following the convening of an extraordinary general meeting and the relevant provisional disposition, the Plaintiff was elected as the proposing representative and announced the convening of an extraordinary general meeting as follows:

1. Date and time of the general meeting on December 21, 201: 19:00

2. One floor of a building D in Bupyeong-gu Incheon Metropolitan City at a general meeting place;

3. Agenda;

(a) Cases of removal of executive officers charged for violating the Urban Improvement Act;

B. At the time of the Defendant’s suspension of duties of the dismissed officer, Nonparty F applied for a provisional disposition prohibiting the above special meeting to the Incheon District Court. On December 19, 201, the Incheon District Court dismissed the said application on the grounds that the public notice of convening the said special meeting was lawful (Seoul District Court 201Kahap2048) (No. 201Kahap2048). (3) The Plaintiff was unable to hold the special meeting on December 21, 201 due to the above provisional disposition application, etc., and on December 20, 2011, publicly announced the convocation of the special meeting as follows.

1. Date and time of the general meeting on January 18, 2012: 00

2. First floor E-cafeteria of buildings D in Bupyeong-gu Incheon Metropolitan City where a general meeting is held;

3. Agenda;

(a) Cases of removal of executive officers charged for violating the Urban Improvement Act;

B. The 4 defendant and F applied for a provisional disposition prohibiting the holding of the above special meeting to the Incheon District Court. However, the Incheon District Court stated that the notice of convening the above special meeting was lawful on January 17, 2012, and that the letter of convening the special meeting convened from the members for convening the special meeting on December 21, 2011, "I agree to supplement the procedural reasons and again use it at the general meeting."

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