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1. The plaintiff (appointed)'s claims are all dismissed.
2. The costs of the lawsuit shall be borne by the Plaintiff (Appointed Party).
Reasons
1. Basic facts
A. The defendant is a corporation established on September 4, 2007 with the purpose of improving the urban and residential environment and contributing to improving the residential stability and quality of residential life of its members by removing the above ground buildings near Gwangju-dong-gu and constructing new buildings. The plaintiffs and the designated parties are the members of the defendant.
B. The Defendant decided to hold an extraordinary general meeting to elect a maximum of seven directors upon the expiration of the term of validity of directors, and the Defendant registered 19 candidates including the Plaintiffs and the designated parties from July 28, 2016 to August 4, 2016.
C. On August 26, 2016, the Defendant held an extraordinary general meeting and held an election to elect directors (hereinafter “instant election”). Of the 765 members of the Defendant, 597 of the 765 members of the Defendant attended the election. Plaintiff A, Plaintiff B, Plaintiff B, Plaintiff B, 207 (Grade 4), 201 (Grade 5), Selection E, 204(7), Selection F, 244(3), and Selection G, respectively.
The Defendant decided that there was no person elected as a director on the ground that the Defendant did not obtain the consent of a majority of the members present at the instant election.
E. The Defendant’s articles of incorporation and election management regulations relating to the instant election are as follows.
[Articles of Incorporation amended as of November 29, 2014 (hereinafter “instant Articles of Incorporation”)
[1] Article 15 (Executives) (1) The Association shall have the following officers:
2. Not less than five directors and not more than seven directors. (2) Officers of a cooperative, including the president, as of the date of the election management regulations, shall be appointed at a general meeting with the attendance of a majority and the consent of a majority of members present, from among those who own land or buildings for not less than one year;
However, if a candidate exceeds a quorum (at least two heads of cooperatives, at least eight directors, and at least three auditors), he/she shall be appointed in the order of multiple votes.
Provided, That where a vacancy occurs during the term of office, the board of representatives shall appoint a substitute from among the members.
(6) Election of executive officers of a cooperative (including election of representatives).