(영문) 광주고등법원 2017.07.21 2016나15388

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(영문) 광주고등법원 2017.07.21 2016나15388

총회결의무효확인 청구

Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. The total cost of a lawsuit shall be borne individually by each party.

Reasons

1. Basic facts

A. The defendant association is a corporation established with the purpose of removing B apartment units on the ground of the Nam-gu Seoul metropolitan area and rebuilding apartment units on the above land.

B. The articles of incorporation of the defendant association relating to this case are as follows.

Article 18 (Dismissal, etc. of Executives) (1) Any executive may be dismissed if he/she neglects or neglects his/her duties (or fails to attend a meeting at least three times a year), or he/she causes an unreasonable loss to the union in violation of the relevant statutes and the articles of incorporation

(3) The dismissal of an executive officer may be made at the request of at least 1/10 of the union members or at least 2/3 of the representatives from the general meeting convened by the president of the union with attendance of a majority of the union members and with consent of a majority of the union members present at the general meeting.

Where the head of an association is dismissed, a person selected as a temporary society representing the requesting person shall become the chairperson.

Article 20 (Establishment of General Meeting) (4) An extraordinary general meeting shall be held when the president of the association deems it necessary.

In any of the following cases, the head of the association shall hold a general meeting within two months from the relevant date:

1. If at least 1/5 of the members request that the purpose of the general meeting be presented;

2. When a request for holding a general meeting is made or made pursuant to the provisions of each subparagraph of paragraph (4) by not less than 2/3 of representatives, and the president of a cooperative fails to convene a general meeting without any justifiable reasons within two months, the auditor shall convene the general meeting without delay; when the auditor fails to convene the meeting, the meeting shall be convened under the joint name of the person who has requested the convocation of a general meeting pursuant to the provisions of each subparagraph of paragraph (4) by obtaining approval

(7) Where a general meeting is convened under paragraphs (2) through (5), it shall be called.

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