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(영문) 수원지방법원 안양지원 2018.07.13 2017가합103905
대표자 임기만료 확인 등
Text

1. On May 12, 2017, the Defendant confirmed that the resolution of the general assembly on each agenda listed in the separate list is invalid.

2...

Reasons

Basic Facts

The defendant is an organization established for the purpose of promoting a reconstruction project of a building constructed with the first and seventh underground floors located under E in Ma in Mapo-si (hereinafter referred to as “instant building”), and the plaintiffs are the members of the defendant.

The provisions related to this case in the defendant's rules enacted on July 7, 2011, including the defendant's rules, are as follows.

Article 9 (Qualification, etc. for Members) (1) Members shall be sectional owners and co-owners of co-owned shares in a project implementation district who have consented to the "Written Consent to Rebuilding Resolution and Selection of Representative"

(2) Where one person owns two or more stores, etc., he/she shall have one member regardless of the number of stores owned.

(3) Where two or more stores, etc. jointly own a co-owned share, one of them shall be designated as a representative member regardless of the time of acquisition, and shall prepare and submit to the Committee a letter of selection of a party to vote, and legal acts as a member shall be done by the representative member

Provided, That in such cases, all legal acts done by a representative member or to a representative member shall have effect on other co-owned shares owners.

Article 10 (Rights and Duties of Members) (1) Members shall have the following rights and duties:

2. The right to attend a general meeting, the right to speak, and the right to vote of members. (2) The right to vote of members shall be equal and shall not be recognized as a matter of principle, but the right may be exercised by proxy in

1. Where a member is unable to exercise his/her authority and submits a power of attorney designated as an adult agent from among his/her spouse, lineal ascendants, descendants, siblings

3. Where a corporate sectional owner or owner of co-owned shares designates an agent (any corporate agent may be appointed as an executive of the Commission) Article 11 (Loss of Members) (1) If a member transfers his/her position to be selected as an owner or occupant of a building, he/she shall be immediately qualified as a member.

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