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(영문) 창원지방법원밀양지원 2016.01.15 2015가합10126
조합장지위확인청구의 소
Text

1. The plaintiff's lawsuit against the defendant C shall be dismissed.

2. The plaintiff is in the position of the president of the defendant B-Rental Housing Association.

Reasons

1. Under Article 150(3) of the Civil Procedure Act, the following facts may be acknowledged based on the following facts: (a) between the Plaintiff and the Defendant B-Rental Housing Association (hereinafter “Defendant Association”); and (b) the Defendant Association did not dispute any matter pursuant to Article 150(3) of the said Act; or (c) the purport of the entire pleadings may be comprehensively taken into account:

The Defendant Union is a rental housing association established with the purpose of running the rental housing construction business for D members in Punyang-si, and is a rental housing association established with the purpose of running the rental housing construction business on February 15, 2014. Defendant C was elected as the president of the association by holding an inaugural general meeting on February 15, 2014. Defendant C was authorized to establish a housing association on April 8, 2014,

B. However, on November 20, 2014, the preparation for the application for the business plan was not run properly after the said authorization was granted, and around November 20, 2014, 24 members of the Defendant Union, including the Plaintiff, including the Plaintiff, who have obstructed the progress of the business by notifying the termination of the contract, etc., were required to convene an extraordinary general meeting on or around December 16, 2014. On December 18, 2014, Defendant C requested Defendant C to convene an extraordinary meeting with the “case of dismissal of the president of the association, the case of organization of the emergency countermeasure committee, and the case of appointment of the chairman of the countermeasures committee.”

C. However, on March 5, 2015, Defendant C did not comply with the foregoing request for convening an extraordinary general meeting, and 24 members of Defendant C, including the Plaintiff, filed an application for permission to convene an extraordinary general meeting with the Changwon District Court was determined to authorize the above court to hold an extraordinary general meeting with the purpose of “cases of dismissal of the president of the cooperative, cases of the composition of an emergency countermeasure committee, and appointment of the chairperson of the countermeasures committee, cases of dissolution of the association, cases of closure of model hybrids, cases of termination of the termination of the contract for the development of Hojin Co., Ltd., the agent service company, and the cases of handling expenses therefrom (the design service contract part, the sales agency part, the advertising contract part).”

The court's decision to permit the holding of the above special meeting.

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