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(영문) 울산지방법원 2016.11.23 2015가합21901
조합원총회결의 부존재 확인 등
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Under the underlying facts, the Defendant as the parties to the dispute (hereinafter referred to as the “Defendant Union”) is the member of the Defendant Union, which owns the area of 83 square meters in Ulsan-gun, Ulsan-gun, Ulsan-gun, for which the land readjustment project was permitted for the land readjustment project of 275,070 square meters, and the Plaintiff is the member of the Defendant Union, which owns the area of 83 square meters in the

On June 30, 2010, at the general meeting of the defendant's association, 381 of the total members of the defendant's association (13 persons directly present, 368 persons) was present at the general meeting above the general meeting held on June 30, 2010, to dismiss E which the president of the association was the head of the association, and to select F as the head of the association.

At the general meeting of August 8, 2014, 497 of the evidence Nos. 4-1 through 3, 7-3, 4-7, and the purport of the whole pleadings made a resolution in accordance with Paragraph 2 of the attached Table, such as the selection of G, H, I, and J as directors, at the general meeting of the above general meeting of August 8, 2014, 497 of the total members of the defendant association among the total members of the defendant association (the 12 persons directly present, 485 persons

The evidence No. 5-2, No. 8, the purport of the entire pleadings. F’s resignation at the meeting held on June 30, 2010, expressed his/her intention to resign from the partnership at the meeting of the board of directors of the defendant association held on November 4, 2014, and submitted his/her resignation on November 9, 2014.

E, on October 8, 2012, at the general meeting of June 30, 2010, at the time of the relevant civil case No. 5-2, Nos. 5-2, 6-2, a lawsuit was filed against the Defendant Union to dismiss E from the office of the president of the Association and to seek confirmation of invalidity of a resolution selected as the president of the Association on June 30, 2010 (Ulsan District Court 2012Ga7607), but the above court dismissed it on September 5, 2013, and the above judgment became final and conclusive on September 26, 2013.

K Co., Ltd., a member of the Defendant Union, seeks the non-existence or invalidity of the resolution of the General Assembly on March 20, 2015 against the Defendant Union on March 20, 2015.

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