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(영문) 울산지방법원 2019.09.19 2018가합21421
임시총회결의 부존재확인 청구의 소
Text

1. Plaintiff B, C, E, F, G, H, I, J, K, L, M, M,O, P, Q, R, and S's lawsuit and Plaintiff A and D's lawsuit on January 6, 2018.

Reasons

1. Basic facts

A. The Defendant is a regional housing association established pursuant to the Housing Act in order to promote a housing construction project (hereinafter “instant project”) in Ulsan-gu AC Group, Ulsan-gu. The Plaintiff A and D are the Defendant’s members, and the rest of the Plaintiffs are the owners of the land in the instant project site.

B. On December 22, 2017, the Defendant publicly announced on the Defendant’s website that the existing president W, director D, and auditor X should resign, and accordingly, the Defendant held an extraordinary general meeting at the AE church of the second floor of Ulsan AE church located in Ulsan AD on January 6, 2018 in order to appoint new president, director, and auditor.

C. According to the foregoing public notice, the Defendant held an extraordinary general meeting (hereinafter “instant extraordinary general meeting”) on January 6, 2018. At the time, 110 members who were directly present at the Defendant’s general meeting among 351 members, 99 members who submitted a written resolution in advance, and 193 members who were present at the general meeting, who were 16 members, were present at the general meeting (i.e., 99 members - 16 members), and declared that the instant extraordinary general meeting was gender of the incumbent members (i.e., 110 members, 99 members - 16), and that the head of the association, W, directors D, and auditors, resigned from their status, and that the president of the association, U, Z, AA, and V were appointed as directors, and AB as auditors (hereinafter “instant resolution”). D.

However, it is found that there was an error in calculating the number of members present at a general meeting and submit a written resolution on the gender members in the process of preparing the minutes after the general meeting, and the number of members present at a general meeting was 108, excluding two members who did not attend a general meeting, 98, excluding 1 members who did not attend a written resolution, and 25 members who submitted a written resolution and corrected the number of members present at a general meeting to 181 (=108 98 - 25).

E. Meanwhile, U.V. status as Defendant director on February 25, 2018.

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