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(영문) 서울중앙지방법원 2015.06.18 2014가합16758
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. Defendant F apartment house reconstruction and rearrangement project association (hereinafter “Defendant association”) is a cooperative under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, which is established to implement the reconstruction improvement project for F apartments on the land of Gangnam-gu I and two parcels (hereinafter “instant apartment”). Plaintiff A is the head of the Defendant association, Plaintiff B, C, and D are the directors of the Defendant association, and Plaintiff E are the auditors of the Defendant association.

B. On February 20, 2014, Defendant Union Special Representative, J, and K proposed the Plaintiffs’ removal of executive officers of the Plaintiff’s association with the consent of its members, and on February 20, 2014, the representative of the person proposing the general meeting (hereinafter “instant dismissal grounds”) “the conclusion of the agreement with the Si/Gun/Gu heating Corporation without the resolution of the general meeting or the board of representatives, ② the conclusion of the agreement with the Si/Gun/Gu heating Corporation without the resolution of the general meeting or the board of representatives, ③ the modification of design without the resolution of the general meeting or the board of representatives, ④ the alteration of the use of the association’s property from the apartment complex adjacent to the association without the consent of its members, ⑤ the violation of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, ⑤ the rejection of payment of the list of its members,” and the “resolution of the resolution of the suspension of the performance of duties of the removed executive officers” was publicly announced to hold the general meeting.

A meeting was held.

C. The result of the resolution at the meeting of this case with respect to each item on the list in the separate sheet is as follows:

Of the agenda items No. 1 of the total number of the agenda items No. 1 of the plaintiff A's dismissal bill No. 1944 6204 written resolution No. 1204 among the agenda items No. 76 of the resolution No. 19356204 of the plaintiff B dismissal bill No. 194, among the agenda items No. 1 of the plaintiff C dismissal bill No. 19437204 of the plaintiff C dismissal bill No. 19158204 of the plaintiff E dismissal bill No. 1911204 of the dismissal bill No. 1911204 of the plaintiff E dismissal bill No. 191204, Dec. 1204.

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