logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2019.08.22 2018가합47314
총회결의무효확인 등
Text

Of the instant lawsuits, the claim for nullification of the resolution that appointed C as the president of the partnership at the extraordinary general meeting of February 4, 2018.

Reasons

1. Basic facts

A. The defendant is the regional housing association that obtained authorization for the purpose of the housing construction project for the Busan East-gu and 169 lots of land.

B. The Defendant held an extraordinary general meeting on November 17, 2016. The minutes include the following: “531 of the total number of 887 members (17 members who directly attended the meeting), 523 marks (350 marks in the written resolution 173), 1, 1, 7 marks in the votes, 522 marks (349 marks in the written resolution 173), 1, 7 marks in the votes of 521 (21, 350 marks in the written resolution 171), 3, 3, 7 marks in the votes, and 7 marks in the votes of 522 marks in the votes of 522 (349 marks in the direct attendance), 1, 7 marks in the votes of 521 (350 marks in the written resolution 171), 3, 7 marks in the votes, and 7 marks in the votes.”

C. On November 25, 2017, the Defendant held an extraordinary general meeting and passed a resolution to dismiss the Plaintiff who was the head of the association at the time. On February 4, 2018, the Defendant held an extraordinary general meeting and made a resolution to appoint C as the head of the association (hereinafter referred to as “the instant resolution on the extraordinary general meeting”) at a meeting of 529 members among 887 members (including 19 members who directly attended the meeting by submitting only 315 written resolution and directly attended the meeting), and made a resolution to appoint C as the head of the association (hereinafter referred to as “the instant resolution on the extraordinary general meeting”). On March 13, 2018, the Defendant held an extraordinary director meeting to dismiss the Plaintiff from the association member (hereinafter referred to as “the instant resolution on resolution”).

The contents of the defendant's bylaws concerning this case are as follows.

Article 8 (Qualification of Members) Qualification requirements for members of a cooperative shall mean qualification requirements for members of a cooperative prescribed by the Housing Act and subordinate statutes, and shall be as follows:

A householder who fails to own a house from the date of application for authorization for the establishment of a housing association to the date of occupancy of the relevant association or owns a house with an exclusive residential area of not more than

(i) It is inevitable for a member of a housing association to treat a disease, study, marriage, etc.;

arrow