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(영문) 부산지방법원동부지원 2014.11.07 2014가합2210
총회결의무효확인
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. Under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Defendant is a cooperative established for the purpose of implementing a housing reconstruction project in the area of 17,000 square meters and 183,507,000 square meters and above pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents. The Plaintiffs are the Defendant’s members, who are the representative director of the partnership head, the director, the Plaintiff B, and the Plaintiff D,

B. (1) On May 18, 2014, G, a member of the Defendant, who was in charge of the president of the “occupants’ Council” as the Defendant’s member, proposed a convocation of an extraordinary general meeting under the name of 277 among the 1,795 members of the Defendant’s total number of members, namely, “the dismissal of Plaintiff A, B, and C as a director and as an auditor,” respectively.

(2) Accordingly, on May 18, 2014, G announced the Defendant’s Internet homepage to the effect that “the instant special general meeting (hereinafter “instant special meeting”) shall be held with respect to each item on the agenda indicated in the separate sheet in attached Form No. 214, Jun. 15, 2014, the Plaintiff sent the instant notice of convening the special general meeting to its members by registered mail from May 28, 2014 to June 5, 2014.”

C. (1) A resolution to dismiss the Plaintiffs from the position of each director and auditor at the special general meeting of this case is referred to as the “resolution to dismiss the Plaintiffs.”

The minutes of the instant special meeting include 398 members directly present among the 1,795 members, and 737 members present at the meeting to submit a written resolution, with the number of 1,135 members present at the meeting (1,135 members present at the meeting) of the agenda No. 1 (1,13 (98.06%) No. 4 of the agenda No. 1,113 (98.06%) 1,112 (97.97%) 1,112 (97.97%) 4 (6), 16 (17.97%) 17, 135 (1,135), 135 (1,135), 135 (135, 135, 135) and 135 (25) of the voting as follows.

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