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(영문) 광주지방법원 2017.07.07 2016가합57071
회장 지위 부존재 확인
Text

1. Of the instant lawsuit, Articles 1 and 2-A of the Defendant’s Schedule 1.

paragraphs 1 and 2.

paragraphs 3 and 5-A.

paragraphs 1 and 2.

(b).

Reasons

1. Basic facts

A. The parties concerned (1) The defendant is a non-corporate body consisting of sectional owners and building occupants of the Gwangju Mine-gu building B (hereinafter “instant building”), and the plaintiff is a sectional owner who owns the subparagraph D of the instant building.

(2) On February 21, 2016, C, the Defendant’s representative, owned the title E, F, G, and H of the instant building, and operated the film board “I” in the said section, was elected as the Defendant’s president.

B. In the Defendant’s extraordinary meeting held on June 5, 2010, the process during which C was elected as the Defendant’s president (1) and 85 of the Defendant’s overall sectional owners (including the degree of attendance by delegation; hereinafter the same shall apply) attended by 158 members of the Defendant’s overall sectional ownership, and resolved to dismiss K which was the directors of L Co., Ltd. (hereinafter “L”) as a new president.

(2) On March 24, 2012, the Defendant’s general meeting held on March 24, 2012, 93 of the total sectional owners 151, among 151, elected N as the president with the consent of 92 of them, but N thereafter resigned from the said president.

In addition, despite the resolution of paragraph (1) above, there is a dispute as to whether K has been dismissed as the chairperson of the defendant, and the above general meeting ratified the part of the resolution of paragraph (1) above with the consent of 92, and passed a resolution to dismiss the plaintiff and theO from the staff of the management office.

(3) On June 5, 2012, at the general meeting of the Defendant held on June 5, 2012, 81 of the total 114 sectional owners attended and passed a resolution to select C as the Chairperson with the consent of all members.

(4) On June 1, 2014, the Defendant’s general meeting held on June 1, 2014, attended 107 out of the total 159 sectional owners, and elected C, whose term of office expires with the consent of all members, as the president, and passed a resolution to elect P as the vice president, Q and R as the auditors.

(5) On February 21, 2016, at the general meeting of the Defendant held on February 21, 2016, the entire 159 sectional owners.

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