logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2017.06.08 2016가합2219
임시총회결의부존재확인 등
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

Facts of recognition

The defendant is a cooperative established to implement housing redevelopment improvement projects under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents in Daejeon-gu (hereinafter "Do Government Act"), and the plaintiff A was an auditor of the defendant cooperative, and the plaintiff B was a director of the defendant cooperative.

On November 8, 2008, the committee for promotion of the defendant's partnership (hereinafter "promotion committee") approved the establishment by the head of Jung-gu, Daejeon Metropolitan City (hereinafter "the head of Jung-gu") on August 8, 2006 for the establishment of the defendant partnership held an inaugural general meeting to establish the association and passed a resolution on the case of approval of the articles of association, the business regulations, and the draft election management regulations. However, with respect to the case of appointment of the head of the association, anyone among the candidates did not obtain a majority of the members present who are the quorum for appointment as provided in the articles of association, and did not appoint the head of the association.

On March 21, 2009, a promotion committee held an extraordinary general meeting to establish an association and passed a resolution on the amendment of the articles of association. However, the next general meeting decided to appoint the president of the association. On May 30, 2009, the committee again held an extraordinary general meeting to establish an association and passed a resolution on the amendment of the election management regulations, and the election of the president was held.

In the election for the head of an association conducted at the above special meeting, E, F, and G3 were run, and any person did not obtain a majority in the first voting, and the second voting was held for E, F, and F2 who were the first voting. The election commission decided E as the elected person after the second ballot counting.

H filed a lawsuit against the Daejeon District Court to seek confirmation of invalidity of the decision that he appointed as the elected person by the president of the partnership ( Daejeon District Court 2009Gahap8042), immediately after the above special meeting, as the owner of land, etc. in the housing redevelopment improvement project district and consenting to the composition of the promotion committee. The above court filed a lawsuit against the Daejeon District Court to seek confirmation of invalidity of the decision that he appointed as the elected person by the president of the partnership. The above court

arrow