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(영문) 부산지방법원동부지원 2016.12.01 2016가합102374
임원선출결의무효확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 19, 2016, the Defendant was authorized to establish an association by the Minister of Transport and Maritime Affairs to implement a housing redevelopment improvement project with the business area of 26,408 square meters in Busan Shipping Daegu K.

B. On January 23, 2016, the Promotion Committee for the Establishment of the B Housing Redevelopment Project Association (hereinafter “instant Promotion Committee”) organized with the aim of establishing the Defendant Partnership (hereinafter “instant Promotion Committee”) held an inaugural general meeting for the establishment of the Defendant (hereinafter “instant inaugural general meeting”), among the 87 owners of land and buildings in the project zone or the persons with superficies (hereinafter “owners of land, etc.”) who directly attended the meeting and 10 of them were present at the meeting by submitting a written resolution by 87 persons, and the owners of land, etc. attending the meeting shall be deemed to be the “resolution for the appointment of executive officers of the instant case” as a resolution for approving the articles of association (a draft), the business regulations (a draft), the election management regulations (a draft), and C’s head of the partnership, D, E, F, G, H, as a director, I, and J (hereinafter “resolution for the appointment of the head of partnership, director, and auditor”).

In this paper, I reviewed the issues.

(c) Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents;

) 시행령, 피고 및 이 사건 추진위원회의 각 선거관리규정 중 이 사건 관련 내용은 다음과 같다. ▣ 도시정비법 시행령 제22조의2 (창립총회의 방법 및 절차 등) ② 추진위원회(법 제13조 제2항 단서 및 같은 조 제6항 전단에 따라 추진위원회를 구성하지 아니하는 경우에는 조합설립을 추진하는 토지등소유자의 대표자를 말한다

(5) The decision-making at the inaugural general meeting shall be made by means of registered mail to the owners of lands, etc. by 14 days before the inaugural general meeting.

the attendance and attendance of a majority of the members.

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