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(영문) 수원지방법원 2019.08.14 2019가합10050
총회무효확인의 소
Text

1. Each resolution on the agenda listed in the separate sheet No. 1 prepared by the Defendant at an extraordinary general meeting of August 6, 2018, and the Defendant’s October 2018.

Reasons

1. Basic facts (applicable for recognition: Facts without dispute, entries in Gap evidence, evidence Nos. 1, 2, 12, 14, 17, 18, 24 (including each number), and the purport of the whole pleadings);

A. The Defendant is an association established in accordance with Article 13 of the Urban Development Act to implement an urban development project, which is one of the land in the wife population in aids-si, and the land in aids-si.

B. On April 8, 2014, Plaintiff A assumed office as the president of the Defendant’s association, and Plaintiff B and C respectively assumed office as the Defendant’s director on February 27, 2015.

C. Members opposing the Plaintiff’s performance of the duties of the president of the cooperative sought permission to convene a special meeting for the purpose of dismissal of the Plaintiffs as Suwon District Court 2018Bhap1017. However, on June 14, 2018, the said court dismissed the application on the ground that “In order to obtain permission to convene a special meeting from a court, at least 325 members of the cooperative are the parties to the meeting and jointly apply for a convocation permission pursuant to the Defendant’s articles of association.” (ii) If the Plaintiff, the president of the cooperative, first requested the convocation of the special meeting and did not convene the special meeting, then the Plaintiff, who was the president of the cooperative, should have filed the application with the court only when the Plaintiff did not convene the special meeting.

Plaintiff

On July 10, 2018, members who oppose A’s performance of the duties of president of the association require A to convene an extraordinary general meeting for the purpose of dismissal of the plaintiffs, and within 15 days thereafter, the Plaintiff sought to convene an extraordinary general meeting for the purpose of dismissal of the plaintiffs under the Suwon District Court 2018Bu1049, which did not call an extraordinary general meeting.

However, on October 15, 2018, the above court held a general meeting including the plaintiffs' dismissal proposal on June 14, 2018, and the applicants refused to hold the general meeting by notifying the members of the above general meeting that they would not attend the general meeting because it is illegal. Accordingly, the above general meeting was not held below the quorum, and the purpose can be achieved by resolution at the general meeting on June 14, 2018.

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