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1. Revocation of a judgment of the first instance;
2. All of the plaintiffs' lawsuits of this case are dismissed.
3. The plaintiffs' total costs of litigation.
Reasons
Basic Facts
A. The Defendant is an association established on March 26, 2009 to implement a housing redevelopment improvement project on a total of 119,881 square meters in Seodaemun-gu Seoul, Seodaemun-gu, Seoul.
Plaintiff
A On October 16, 2013, the president of the Defendant Union, and the Plaintiff B, C, and D were appointed as directors of the Defendant Union on the same day.
B. On March 21, 2015 (hereinafter “instant general meeting”) a separate resolution of dismissal against each of the Plaintiffs, such as the attached Form, (hereinafter “each of the instant resolutions of dismissal”) was held by the Defendant Union’s Joint Representatives of Staff Members.
In the report on the result of the general meeting of this case, which is a document prepared by the Defendant Union for internal reporting, each of the resolution of dismissal of this case was passed with the consent of 617 members present at the general meeting of this case by 637 members among the total number of 1,257 members.
C. Meanwhile, on November 4, 2015, Plaintiff A, B, and C was sentenced to a suspended sentence of two years for each of the six months of imprisonment with prison labor (Seoul Western District Court Decision 2014Da3255), and the said Plaintiffs appealed, but all of the appeals were dismissed on May 26, 2016.
(Seoul Western District Court 2015No1785). After that, the above plaintiffs appealed on May 31, 2016, but all of the appeals dismissed on January 20, 2017 was sentenced to a judgment of dismissal of the Supreme Court.
(2016Do8622) d.
Of the articles of incorporation (amended on July 30, 201) of a defendant's association, the contents relating to this case are as follows:
Article 15 (Executive Officers) (3) The term of office of an executive shall be two years from the date on which he/she is appointed.
(5) An executive whose term expires shall perform his/her duties until his/her successor is selected and appointed.
Article 17 (Disqualifications, Disqualifications, etc. for Executives) (1) None of the following persons shall be appointed as an executive of a cooperative:
4. A person who is under a suspended sentence of imprisonment without prison labor or heavier punishment.