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1. Of the resolution of special general meetings held by the Defendant on July 4, 2015, the resolution of dismissal of the president of the association against the Plaintiff and the president of the association against C.
Reasons
1. Basic facts
A. The defendant is a housing reconstruction and improvement project association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter "Urban Improvement Act"), and the plaintiff is the defendant's member who served as the head of the defendant's association from November 26, 2008.
B. At the time of April 14, 2015, the Defendant’s 117 members, including C, appointed D attorneys-at-law as proxy, and requested the Plaintiff, who was the head of the Defendant’s partnership, to convene an extraordinary general meeting by setting the “Dismissal of the executives of the partnership including the head of the partnership and the appointment of new executives of the partnership.”
C. However, on June 9, 2015, the Plaintiff respondeded to the purport that it is impossible to verify whether the members stated in the written request for convening an extraordinary general meeting are claiming the convening of an extraordinary general meeting by petition. D.
Around June 25, 2015, 96 members, including C, sent a notice of convening an extraordinary general meeting to the Defendant’s members, including the following: “At least 1/5 of the Defendant’s members filed a request for convening an extraordinary general meeting with the Plaintiff, but the Plaintiff refused to do so, shall hold an extraordinary general meeting from July 4, 2015 to 30 p.m. 6 p.m. in order to resolve the dismissal of union officers and the appointment of new partnership officers.”
E. On July 4, 2015, at the Defendant’s extraordinary general meeting held on July 4, 2015, a resolution to dismiss the Plaintiff from the partnership’s head and appoint C as a new partnership head (hereinafter “the instant resolution to dismiss the Plaintiff”) was passed by the resolution to dismiss the Plaintiff from the partnership head, and C (hereinafter “the instant resolution to appoint the head of the partnership”).
F. The main contents of the Defendant’s articles of incorporation concerning the appointment and dismissal of executive officers and extraordinary general meetings are as follows:
Article 15 (Executives) (2) The executives of an association shall attend a general meeting and obtain the consent of a majority of the members present at the meeting from among the following members: