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(영문) 수원지방법원 안양지원 2015.08.12 2013고단1061
공정증서원본불실기재등
Text

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. Defendants in the facts charged are members of the F Council, and G are the chairman of the F Council.

On September 22, 2012, the Defendants held an extraordinary general meeting at the third floor of the Cheongdo Residents' Center in the Cheongdo-dong, Cheongdo-dong, and dismissed G from the office of the chairperson, and constituted an emergency countermeasure committee, and were elected as the chairperson of the emergency countermeasure committee, respectively. On January 11, 2013, the Defendants continued to hold the said extraordinary general meeting at the third floor of the community credit cooperatives in the Cheongdo-dong, Cheongdo-dong, and were elected as the president who is the representative of the above sub-council.

However, according to Article 13(1) of the above bylaws, in order to convene an extraordinary general meeting, a resolution of the board of directors is required. According to Article 9(1) of the rules, the convening authority is the "chairperson". The Defendants did not undergo a legitimate resolution of the board of directors in holding an extraordinary general meeting on September 22, 2012. The Defendants, who are not the president G of the above sub-council, did not call the general meeting and the Defendants, who are not the president G, have significant defects in the convocation procedure.

In addition, according to Article 3 (1) of the Rules of the Association, any child of 20 years of age or older who completed the registration in the family register with the second hand of the 4th H of the Joseon H may become a member, and any member may attend a general meeting and exercise his/her voting right. The Defendants selected only those who act in the group with him/her among the members, and made a resolution after restricting those who participated in the general meeting meeting meeting by entering the meeting meeting place. The special meeting of September 22, 2012 is null and void because there are serious defects in the above convocation procedure and the resolution procedure.

Accordingly, on October 5, 2012, the above subdivision notified the Defendants on September 22, 2012 that the resolution for the special general meeting is null and void. On October 15, 2012, the said subdivision held a regular board of directors and made a resolution to the effect that the special general meeting is null and void on September 22, 2012. On January 5, 2013, it held the board of directors and made a resolution to urge the Defendants to dissolve the non-standing committee.

On the other hand, the special general meeting dated January 11, 2013 was null and void as of September 22, 2012.

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