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(영문) 창원지방법원 2018.10.25 2017가합55124
임시총회결의 무효 확인
Text

1. A resolution on each agenda stated in the separate sheet prepared by the Defendant at an extraordinary general meeting on September 28, 2017 is null and void.

Reasons

1. Basic facts

A. The defendant is a regional housing association that has obtained authorization for establishment pursuant to Article 11 of the Housing Act by designating the O-dong O-dong Housing Site as a housing construction site, and the plaintiffs are the members of the defendant association.

B. On September 28, 2017, the Defendant opened an extraordinary general meeting and resolved on 21 agenda items, including each item listed in the separate list.

(hereinafter “instant resolution of the general assembly”). C.

The parts relating to this case among the defendant's rules and relevant statutes are as follows:

(6) Where a member fails to perform his/her duties as a member and causes damage to a cooperative, the member may be expelled according to a resolution of the board of directors or the general meeting, if he/she falls under any of the following cases:

In such cases, an opportunity to vindicate shall be given to the relevant member before expulsion, but where the member fails to comply with such opportunity even though he/she has been given such opportunity, it shall be deemed that

1. Where the person fails to pay contributions, etc. on at least two consecutive occasions by the designated date;

2. Where a cooperative has committed an act in violation of the objectives of the cooperative and thereby has caused enormous damage to the promotion of its projects, the following matters shall be determined through a resolution of the general meeting:

1. Cases concerning approval of a business plan;

2. Matters concerning the covenant of association; and

3. Cases concerning the name of the association and the official seal of the association; and

4. Cases concerning the election of the head of partnership and officers; and

5. The defendant's rules (Evidence A5) delegated to the affairs of the regional housing association, such as project costs and conclusion of service contracts, are written as "definites" but appears to be written.

case of this case

6. Selection of a prospective contractor for a work.

7. Cases of delegation of a contract for construction works;

8. Delegation of cooperative members' contributions, consent to withdrawal, and borrowing of funds;

9. Matters pertaining to ratification of a pre-determined contract and the execution of funds; 10. Cases of consent to the selection of an administrative service company of a cooperative and to the withdrawal of funds for administrative service expenses of a cooperative; 11. Cases relating to delegation, etc. of the affairs of sale in lots in general;

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