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(영문) 광주지방법원 2017.08.10 2016가합58708
총회결의 무효확인 청구의 소
Text

1. A resolution at the general meeting of the Defendant on January 31, 2015 to sell each real estate listed in the separate sheet, and January 31, 2016.

Reasons

1. Basic facts

A. The Plaintiffs are residents living in the N-dong of Gwangju Northern-gu (Odong as administrative Dong; hereinafter “N-dong”).

B. (1) On February 23, 2000, N Village residents constituted the Defendant (the name at that time was N Saemaul Association) by enacting the rules, selecting 11 executives such as representative P, etc. The Defendant, as a resolution body of N Village, was in charge of N Village representatives, N Village Property Management, N Village Property Management, and Consultation on pending issues related to N Village.

(2) Around May 10, 2008, the Defendant amended the rules of association and changed the name of the company into the N Village Residents' Self-Governing Council, which is the Defendant’s name.

C. (1) On June 2, 2008, the Defendant purchased real estate listed in the separate sheet No. 1 (hereinafter “instant land”) from 6 persons, including Q, etc., in KRW 31,50,000, and completed the registration of ownership transfer on the instant land on July 2, 2008.

(2) After that, around 2008, the Defendant received a subsidy of KRW 78,123,610 as the construction cost for the new construction of N Village joint workplace from the North-gu Seoul Metropolitan City, and newly constructed the real estate listed in the attached Table 2 (hereinafter “instant joint workplace”) around 2009.

Part II of the Rule of the N Village Residents' Autonomous Council (No. 2)

1. The members pursuant to the N Saemaul Association Regulations, which came into force on February 23, 200, shall be those amended on March 27, 2012;

2. When a member under Article 1 (1) of Chapter II is dead, he/she shall succeed to the portion of a child of one of the married couple living together with the surviving couple or of a lineal ascendant or descendant and family within 180 days from the date of his/her resident registration in the N Village only within 180 days

3. The village members of the N Village Residents' Self-Governing Council shall be attached to “A separate”.

Article 4 (Entry) An amount calculated by dividing the whole community property specified in Chapter VI by the number of members, and may be present at a general meeting after obtaining approval therefor.

Article 6 (Withdrawal) A member may not demand all rights and monetary rights at the time he/she withdraws from the main meeting or has expelled from the meeting.

Part IV Meeting.

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