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(영문) 서울서부지방법원 2019.10.16 2019가합31443
총회결의취소의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant is an organization established for the purpose of establishing a regional housing association under the Housing Act, and the plaintiff is a person who was the chairperson of the defendant's promotional committee.

B. 1) At the time of October 30, 2018, the Defendant’s members requested the Plaintiff to convene an extraordinary general meeting for the purpose of the meeting, which is the Defendant’s representative, as of October 30, 2018, and the Plaintiff did not comply with the request. In the end, the Defendant’s 76 members, who were at least 1/5 of the entire members, filed an application to convene an extraordinary general meeting with the Seoul Western District Court 2018Bu1048, the Defendant as the principal of the case. 2) On December 10, 2018, the above court decided that “The applicant shall be allowed to convene an extraordinary general meeting for the principal of the case for the purpose of the meeting, and appoint C as the president of the said extraordinary general meeting” (hereinafter referred to as “instant decision to permit convening the meeting”).

C. A resolution 1 on December 29, 2018 (hereinafter “instant special meeting”) held on December 11, 2018 according to the instant decision on the permission to convene the instant meeting was publicly announced on December 29, 2018 that the Defendant’s special meeting was held as an agenda for dismissal of the head of the association, and notified the Defendant’s members of the convening of the special meeting on December 14, 2018 (hereinafter “instant resolution”) held on December 29, 2018 (hereinafter “instant special meeting”), 70 members among the Defendant’s 124 members were present at the Defendant’s special meeting held on December 29, 2018 (hereinafter “instant special meeting”), 89 members were present by the method of submitting a written resolution by 20 members, and a resolution was adopted to dismiss the Plaintiff from the Chairperson of the Promotion Committee (hereinafter “instant resolution”).

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 4, and Eul evidence 8 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. At the time of the instant special general meeting, the number of the Defendant’s association members was not 124 but 192.

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