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(영문) 서울중앙지방법원 2016.08.09 2015가합24923
총회결의취소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

(c)shall make public.

Provided, That where it is necessary to convene a meeting urgently due to unavoidable reasons, the period may be reduced.

C. On October 13, 2015, the executive officers of the Defendant, such as G (President), H, I, J, K, K, L, M (Auditor) decided to hold a general meeting on November 2, 2015 at the meeting of executive officers to present an agenda for the election of the president and the auditor and an audit report at the meeting of executive officers on November 2, 2015.

Accordingly, on October 19, 2015, G made a public announcement of convening an ordinary general meeting (hereinafter “public announcement of convening a general meeting as of October 19, 2015”) under the name of the “Dong of the executives of the C Superior's Office,” and on October 22, 2015, G again made again a public announcement of convening an ordinary general meeting (hereinafter “public announcement of convening a general meeting”) with the same content in the name of the “C Superior of the C Superior's Office, G” under the name of the “President of the C Superior's Office,” respectively.

Temporary: Place at 5 p.m. on November 2, 2015: agenda items attached to C meeting rooms ( underground first floor management offices).

1. According to Article 14(1) and (3) of the Commercial Building Management Rules, the fifth chairperson and auditor are to be appointed; the fifth chairperson and auditor are to be registered and reported in writing to the management office not later than October 22, 2015 (the employer’s proxy attachment) at the office of management until October 22, 2015 (the employer shall attach the letter of delegation of the owner); and due to unavoidable circumstances, the failure of the general meeting to be present shall be given the delegation of the attendance and the absentee voting for the chairman’s election by using a return envelope sealed by mail.

* Postal votes are valid only before the beginning of the ordinary meeting.

D. From November 2, 2015, the Defendant’s general meeting (hereinafter “instant general meeting”) held on November 2, 2015, the sectional owners or lessees of 22 shops were present directly among the sectional owners or lessees of 125 stores (hereinafter “sectional owners, etc.”). The sectional owners, etc. of 71 stores submitted a power of delegation to the Speaker to delegate the attendance of the Speaker (hereinafter “instant power of delegation”). As to the agenda items on which D is appointed as the president as a result of voting, the instant provision is set forth in the 82 Table above.

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