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(영문) 서울북부지방법원 2016.12.15 2015가합22650
임시총회결의무효확인
Text

1. All of the claims of plaintiffs (Appointeds), Appointors D, and plaintiffs are dismissed.

2. The costs of the lawsuit are assessed against the Plaintiff (Appointed Party).

Reasons

1. Basic facts

A. In accordance with the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Defendant is a corporation established for the purpose of housing reconstruction improvement project by using part of 38,026 square meters among the land in Dongdaemun-gu Seoul, Dongdaemun-gu as its business area pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), and completed a public announcement of transfer due to completion of the project on February 27, 2014.

Plaintiff (Appointed Party), Appointed D, and Plaintiff (hereinafter referred to as “Plaintiff”) are members of the Defendant Union.

B. At the time of October 2, 2014, the auditor F of the Defendant Union, and G, as of October 2, 2014, require H to convene an extraordinary general meeting under Article 24(3) of the Urban Improvement Act and Articles 17 and 18 of the Association’s articles of association as an auditor of the Defendant Union with the same purpose as the attached list for prompt liquidation of the association. In response to the request for convening an extraordinary general meeting pursuant to Article 17 of the Association’s articles of association, the proposing person shall act for the president of the association in convening and proceeding an extraordinary general meeting. If the president of the association fails to attend the general meeting on the day of the general meeting, he/she shall act for the president of the association, and if the president of the association fails to attend the general meeting on the day of the general meeting, he/she shall act on behalf of the president of the association, and if it is difficult for the president to attend the general meeting on the day of the general meeting, he/she shall appoint a director on the day before the general meeting is held and make a request for convening.

C. The president of the partnership refused a request to convene the above special meeting. At that time, F and G around November 26, 2014 to its members, “the general meeting of this case (hereinafter referred to as “the general meeting of this case”) refers to “the general meeting of this case where the matters indicated in the attached list are items on the lecture of the I Center as an agenda item from the lecture of the I Center.”

shall hold the meeting.

".........."

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