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(영문) 부산지방법원 2017.11.15 2015가합6619
주주총회결의부존재확인
Text

1. The defendant dismissed the representative director A, directors C, and auditors at the general meeting of shareholders on March 23, 2015, and E and F respectively.

Reasons

Basic Facts

On November 12, 2004, the Defendant is a company established for the operation and management of H commercial buildings in Busan Dong-gu, Busan (hereinafter “instant commercial building”), and owns all the shares issued by the “IAB management body” (hereinafter “the instant management body”) composed of all sectional owners of the instant commercial building pursuant to Article 23(1) of the Act on Ownership and Management of Condominium Buildings (hereinafter “the Condominium Act”).

The Plaintiff, as a sectional owner of the store in the instant commercial building, was the representative member of the Second Commercial Building Management Committee (hereinafter referred to as the “Representative Committee”), and was appointed as the Defendant’s representative director on May 16, 2014 and was in office as the representative director until he/she was dismissed from office in a written resolution in lieu of the Defendant’s general meeting of shareholders on March 23, 2015.

On August 14, 2009, the instant management body, which enacted the resolution of the inaugural general meeting and the management rules of the instant management body, shall hold an inaugural general meeting and, at that time, shall elect J as the chairperson of the first representative committee at the attendance of 92 members (39 members in actual attendance, 53 members in writing) from among the 108 sectional owners, and the consent of all members (85% of sectional owners, and 9.01% of voting rights) from among the 108 sectional owners, and shall delegate the management rules of commercial buildings (hereinafter referred to as the “instant regulations”) to the representative committee and make a resolution to enact them.

(hereinafter “Resolution at the inaugural general meeting of the instant management body”). At the time of holding the instant inaugural general meeting, 87 sectional owners made a written consent of delegation to the committee elected at the above inaugural general meeting on the management of commercial buildings, such as the election of the representative and management members of the management body of commercial buildings, and the enactment of the bylaws, and submitted it to the above inaugural general meeting.

The Committee on the Representative of Commercial Building Management elected at the above inaugural general meeting shall establish the management rules of the commercial building of this case (hereinafter referred to as the "instant rules") on August 15, 2009.

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