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(영문) 대구지방법원 2014.06.19 2013가합7107
해임 및 직무집행정지결의 무효확인
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The defendant union is a union under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents established to implement a reconstruction project for the size of 51,912 square meters of the Daegu-gu K K 51,912.20 square meters, while the plaintiff A is a president of the defendant union, plaintiff B, C, D, E, F, G, H, and I of the defendant union.

B. On June 4, 2013, the Defendant Union sent a written notification giving the Plaintiffs an opportunity to vindicate by content-certified mail, and Plaintiff C, E, G, H, and I refused to receive the said notification. However, Plaintiff A, B, D, and F refused to receive the said notification. The Defendant Union sent the written notification to Plaintiff A, B, D, and F who refused to receive the said notification by general mail, and the Plaintiff Union sent the written notification to Plaintiff A, D, and F by general mail.

3) On June 14, 2013, around 19:00, the Defendant Cooperative’s general assembly at the meeting room of the Defendant Cooperative (hereinafter “instant general assembly”).

(4) The results of the resolution at the Assembly of this case are as follows:

According to the evidence No. 5 (Resolution on Removal of Head of Partnership and Suspension of Duties) of Section B, each two supporting votes are more than two. In light of the result of the order to submit documents to the defendant of this court, the following ballot counting results are recognized.

In addition, according to the statement in Eul evidence No. 5, since members N may recognize the fact that he/she has withdrawn his/her consent by a written resolution, one vote is reduced from the affirmative votes.

A 212 224 Director B 224 director B 21239 224 director C 2123924 director D 21329 224 director E 21329 224 director E 21324 director Kim 2123924 director G 21239224 director G 2123924 director G 2123924 director G 21224 director G 2123924 director H 224

C. On the other hand, the articles of incorporation of the defendant union at the time of the instant general meeting.

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