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(영문) 서울고등법원 2015.10.23 2015나17274
조합장지위부존재확인
Text

1. On July 19, 2014, among the judgment of the first instance court, the adoption confirmation and C, D, of the resolution of election of partnership executives at the Defendant’s extraordinary general meeting.

Reasons

1. The facts following the facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in Gap evidence Nos. 1 to 6, and Eul evidence No. 6.

The defendant is a housing reconstruction and rearrangement project association established for the purpose of performing a project to remove buildings in I including B apartment substitution in military city F, and build new buildings on land including land secured by the recompense for development outlay of the same block, and the plaintiff is the defendant's member.

B. On August 11, 2013, upon the resignation of J, which had the president of the partnership, the board of directors elected as the representative director for the president of the K partnership, who is the owner of B apartment 2 and 503, and K also resigned from the office of director, and on September 9, 2013, the Defendant changed C, which received 5/100 shares of the above apartment from K as the representative member of the above apartment, into the representative member of the above apartment, and again elected as the representative director for the president of the partnership.

C. On July 9, 2014, C publicly announced the convening of an extraordinary general meeting as an acting director of the Defendant’s association, and convened an extraordinary general meeting on July 19, 2014 (hereinafter “instant general meeting”). ① Approval of the draft amendment of the articles of association, ② Approval of the method of election, such as the president of the association, ② Approval of the method of election of the president of the association, ③ Selection of the president of the association, ④ Selection of the auditor and director, and ⑤

After completing the deliberation of the above five items at the general meeting of this case, the defendant approved the amendment of the articles of association of the association at the same time, and elected C as the president of the association and E as the director.

On the other hand, the parts related to the instant case in the Articles of Incorporation of the Defendant (wholly amended on August 25, 2012; hereinafter the instant Articles of Incorporation) and the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) are as follows.

Article 20 (Preparation and Amendment of Articles of Incorporation) (3) Where a cooperative intends to amend the articles of association, it shall hold a general meeting and hold a majority of the members, notwithstanding Article 16 (1) through (3).

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