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(영문) 광주지방법원순천지원 2020.07.23 2019가합143
임원(이사,감사) 선임 결의 무효확인
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On February 198, 1998, the defendant was established for the purpose of creating the E-Japan housing site in the above project district as its members, and the plaintiffs are the members of the defendant.

B. On September 20, 2016, Gwangju District Court’s net support: (a) appointed F as a temporary director exercising the Defendant’s authority to convene a general assembly; and (b) F organized an election commission for the Defendant’s election of executive officers (hereinafter “Defendant First Lieutenant”).

On March 18, 2017, the defendant election commission prepared a list of union members and discussed specific election methods for the election of union members, and decided to hold a general meeting for the election of union members such as the president of the partnership (hereinafter “instant general meeting”).

C. On December 12, 2016, the Defendant’s First Instance publicly announced the instant general assembly, holding directors, and election of auditors as an agenda item, and publicly announced the registration of candidates for executive officers.

Since then, on January 16, 2017, the Defendant’s election commission changed the method of election, etc. by agreement with the candidates for executive officers (hereinafter “instant corrective publication”). According to this, the method of election of executive officers is “on-site voting by a member himself/herself or a person (agent) who attends a general meeting.”

The Defendant Line issued a corrective publication to determine the number of electors on January 24, 2017 as 1,662, but the said finalized elector was excluded from Mayang, a partner, and Korea.

At the meeting of March 15, 2017, G, H, I, J, K, K, L, M, N, and R were selected as the candidate for each director, P, Q, and R as the candidate for each director.

E. On March 18, 2017, the Defendant held the instant general meeting. Of 16:15 members 1,662, 846 of the 16:15 members were present to confirm the attendance of a majority of the members and declared the opening of the meeting. The Defendant continued voting by holding a regular meeting to proceed with voting on the agenda of the president’s election.

The defendant shall commence the ballot counting 17:36, and shall hold the general meeting at around 18:02.

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