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(영문) 서울중앙지방법원 2017.06.01 2015가합27519
약정금
Text

1. The plaintiff's respective claims against the defendants are all dismissed.

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

Reasons

1. Judgment on the defense prior to the merits (Defendant B)

A. The main point of the assertion is that the defendant B association (hereinafter "the defendant association") is merely a partnership under the Civil Act, and thus is not capable of being a party. Thus, the plaintiff's lawsuit against the defendant association is unlawful as a lawsuit filed against the association under the Civil Act, which is

B. 1) According to the statements in subparagraphs 1 and 3 A, the Defendant Union approved the bylaws of the Union through a general assembly organized on June 18, 2015, and was established around that time. However, it can be recognized that the rules of the Defendant Union stipulate the following matters. A) The purpose of the rules of the Defendant Union is to provide for matters agreed upon between its members for the efficient operation, management, and distribution of property:

(b) Qualification and composition of a union member: A union member shall be a person who has invested at least one unit of investment in the union (Article 12 of the Code), a representative member (the D was changed to E at the time of its establishment) and a general member (Article 13(c) of the Code) (Article 13) decision-making body: A general meeting of union members shall be held by a decision-making body, a general meeting of union members shall be held by the union members, a general meeting of union members shall be resolved important matters concerning the operation of the union shall be resolved at the general meeting of union members, an ordinary general meeting shall be held within 90 days after the end of each business year, and an extraordinary general meeting shall be convened by a representative member or a representative member who has a share of investment equivalent to at least

The requirements for the general resolution of the general meeting of the union members are the affirmative votes of the union members who hold contribution units equivalent to at least 1/2 of the total amount of contributions and hold at least 1/2 of the total amount of contributions of the union members present. The special resolution requirement is the affirmative votes of the union members who hold contribution units equivalent to

(Article 4 subparagraphs 12 and 13, and Article 24 of the Regulations). D Business execution agencies and representative agencies: Representative members.

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