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(영문) 대구지방법원 2019.09.26 2019가합203396
총회결의무효확인청구의 소
Text

1. Of the instant lawsuits, the part regarding invalidity confirmation of the resolution on the extraordinary general meeting of January 18, 2019 shall be dismissed.

2. The plaintiff's remainder.

Reasons

1. Basic facts

A. In order to implement a street housing rearrangement project (hereinafter “instant project”), the Defendant obtained authorization to establish an association pursuant to the Act on Special Cases Concerning the Maintenance of Abandoned Houses and Small-Scale Housing (hereinafter “Small-gu Housing Rearrangement Act”), and completed the establishment registration on October 8, 2018.

The Plaintiff is a member of the instant association.

B. On June 5, 2018, the Defendant elected C as the president of the partnership at its inaugural general meeting and as the auditor.

C. On January 18, 2019, the Defendant, as a representative proposer, publicly announced that the Plaintiff would hold a general meeting for dismissal of the president of the association with respect to C in Daegu-gu F, Daegu-gu, F. However, on January 18, 2019, the Defendant sent text messages to the effect that the place of the general meeting was changed from the above G to the H2 floor in Daegu-gu, Daegu-gu, the general meeting place was changed from the above G to the H2 floor. On the same day, around 19:23, the Defendant sent text messages to the above general meeting that the dismissal of the president of the association and the suspension of duties was resolved.

(hereinafter the above general meeting is referred to as the “first general meeting” and the above resolution is referred to as the “instant dismissal resolution”).

On January 25, 2019, the Defendant’s member I, as the chairman of the Election Commission, announced the appointment of one deputy director, one director, and one auditor as the chairman of the election commission. Around January 25, 2019, E, as the Defendant’s auditor, convened an extraordinary general meeting for the resolution of each agenda listed in the attached Table 1.

Accordingly, in the open special meeting on February 23, 2019, each of the items listed in the attached Table 1 list, including the election of directors by Justice, was resolved by E as the head of the association, and by J as the head of the association.

(hereinafter the above general meeting refers to the second general meeting, and the above president of the partnership and the resolution of the election of directors, which had been at the second general meeting, are e.g., the resolution of the election of directors.

E as the defendant's head of the partnership, "The third general meeting (hereinafter referred to as "the third general meeting") for the resolution of each agenda listed in the attached Form 2 list, which is located in the L Hotel G in the Daegu Suwon-gu, 19:00 on May 3, 2019.

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