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(영문) 서울동부지방법원 2019.07.25 2018가합109897
조합총회결의무효확인
Text

1. On July 20, 2018, the Defendant’s amendment of its articles of association at the general meeting of the partnership, as stated in the attached list, is null and void.

Reasons

1. Facts of recognition;

A. The defendant is an association established for the purpose of developing commercial land supplied to persons subject to livelihood measures in relation to the C development project implemented by the Korea Land and Housing Corporation, and the plaintiff is the defendant's member.

B. The Defendant’s articles of incorporation provide for any changes in the articles of incorporation and the method of resolution at a general meeting as follows.

Article 8 (Revision to Articles of Incorporation) (1) When it is intended to amend the articles of incorporation, at least 1/3 of its members or the president of an association shall propose.

(2) Amendment of the articles of association shall require the attendance of a majority of partners and the concurrent vote of more than a majority of present partners

Article 10 (Transfer of Status of Members) (5) If a member acquires at least two status as a member, he/she shall have the equal number of members (including voting rights at a general meeting).

(6) In case of convening a general meeting under the provisions of paragraphs (2) through (4) of Article 19, a notice shall be posted on the bulletin board of the association office at least seven days before the meeting is held, and each member shall send and notify it by registered mail or personal mail at least seven days before the meeting is held.

(Provided, That if the head of an association deems it urgent, he/she may give notice by telephone, facsimile, or e-mail). Article 20 (Resolution of a General Meeting) The following matters shall be determined by a resolution of the General Meeting:

1. Article 21 (Methods, etc. of Resolutions of General Meeting) (1) A general meeting shall be held with attendance of a majority of all incumbent members, and pass a resolution with the consent of a majority of those present, and when the numbers of votes of approval and disapproval are those of those present, the Speaker shall exercise his right

Provided, That the dismissal of executives and expulsion of members shall be decided with the attendance of a majority of members and with the concurrent vote of at least 2/3 of members present.

(2) Members shall be either in writing or by proxy.

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