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(영문) 수원지방법원평택지원 2019.05.23 2018가합10939
임시 조합장 선임결의 무효확인 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a project implementer of a district development project in which a residential complex is created in Pyeongtaek-si Ddong and E Dong-dong 741,826 4m2,00 square meters (hereinafter “instant urban development project”); and the Plaintiff is the Defendant’s member.

B. On May 22, 2014, the head of Pyeongtaek-si approved the instant urban development project substitution plan, the Defendant designated and announced the land substitution plan on June 13, 2014, and publicly announced the disposition of replotting for the instant urban development project on December 15, 2017.

C. On September 13, 2017, F, which was the president of the Defendant’s partnership, was sentenced to a fine of two million won on the grounds of the criminal facts that he/she committed occupational breach of trust while performing his/her duties as the president of the partnership.

(Y) On June 29, 2018, the appeal was dismissed on May 3, 2018, while the appeal was again filed by Supreme Court Decision 2018Do7999, which became final and conclusive on June 29, 2018.

Article 13 (Executives and Representatives) (1) The general meeting shall be elected from among the members of the association, representatives, directors, and auditors.

Provided, That in the case of representatives, if the candidates for representatives elected by the general meeting are insufficient, the representatives' meeting shall additionally elect the insufficient number of persons.

Article 15 (Term of Office of Officers and Representatives) (3) Officers and delegates may, during their term of office, be dismissed at a general meeting when they impair the honor of the Union or fail to faithfully observe the Articles of Incorporation.

In addition, executive officers and representatives are automatically dismissed when they are convicted of civil and criminal cases related to partnership business during their term of office.

Article 17 (Duties) (1) The president of an association shall exercise overall control over the affairs of the association on behalf of the association, and preside over the general meeting or the board

Provided, That a person elected by the board of representatives from among the directors shall act for the president of the partnership:

The parts relating to this case in the defendant's articles of incorporation are as follows:

(e)in accordance with article 15 of the Association, F is qualified as the president of the Association;

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