logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2021.01.15 2020가합57061
총회결의무효확인
Text

1. It is confirmed that a resolution for appointment of the president of the partnership against C at an ordinary general meeting held by the Defendant on May 23, 2020 is null and void.

2.

Reasons

1. Facts of recognition;

A. According to the Urban and Residential Environment Rearrangement Act (hereinafter “Urban and Residential Environment Rearrangement Act”), the Defendant is a housing reconstruction improvement project association established to implement apartment reconstruction project in the Seo-gu, Gwangju and 96,582m2.8m2 (hereinafter “instant rearrangement zone”), and the Plaintiff is the Defendant’s member.

On January 31, 2018, the head of Seo-gu Gwangju Metropolitan City approved the management and disposal plan for the housing reconstruction project of the rearrangement zone in this case, and on June 3, 2019, approved and publicly notified the amendment of the above management and disposal plan.

C On March 6, 2019, in the instant rearrangement zone, on March 6, 2019, the Mayor completed the registration of the transfer of ownership based on donation from F, his spouse, with respect to the share of 1/2 of the Seo-gu apartment E and its site rights in the relevant rearrangement zone.

B. On May 23, 2020, the Plaintiff’s term of office, the president of the Defendant’s partnership, expired, the Defendant held a general meeting on May 23, 2020 and passed a resolution to appoint C as the president of the Defendant’s partnership (hereinafter “instant resolution”).

(c)

On June 30, 2020, the Plaintiff filed an application against the Defendant for provisional disposition suspending the validity of a general meeting resolution of this case with respect to the instant resolution with respect to the Gwangju District Court. On May 23, 2020, the said court rendered a decision that “The effect of the resolution that the Defendant appointed C from May 23, 2020 to the Defendant’s head of the association shall be suspended until the final judgment on the principal claim for confirmation of invalidity of the resolution of the general meeting against the Defendant was rendered (hereinafter “the instant provisional disposition order”). The Plaintiff performed his duties as the head of the Defendant partnership pursuant to Article 15(5) of the Defendant’s Articles of incorporation after the instant provisional disposition was rendered.

C As above, the Plaintiff, who performs the partnership president’s duties, filed an application with the Gwangju District Court for a disposition of suspending the performance of duties, and the above court on August 21, 2020, is the Defendant after the instant provisional disposition was rendered.

arrow