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(영문) 광주지방법원 2020.02.07 2019가합51340
총회결의 부존재확인 청구의 소
Text

1. The defendant's dismissal of the plaintiff from the chairperson of B Committee and the representative of D Council, and the plaintiff's qualification as a member of B Committee.

Reasons

1. Basic facts

A. The Defendant is a non-corporate body established for the purpose of improving the common interest of residents I in Yong-gun, Yong-gun, and the Plaintiff is appointed at the Defendant’s general meeting on July 21, 2017 as the Defendant’s president and was in the position of the Defendant, D Council, and E Welfare Council’s president.

Article 19 (Types and Numbers of Officers)

1. Not less than eight and not more than fifteen directors (including the president), Article 26 (Types of Meetings);

1. The general meeting shall be divided into two classes: the general and extraordinary general meetings;

2. An ordinary general meeting shall be held twice a year at the E Welfare Center in the second and second half of the year, and an extraordinary general meeting and the board of directors shall be held whenever necessary;

Article 27 (Convocation of Meetings)

1. A general meeting shall be convened by the chairman;

2. The chairperson shall convene a general meeting when a resolution of the board of directors, at least 1/3 of members, or an auditor requests it, stating the purpose of the meeting.

4. A general meeting shall be held at least three days before the general meeting is announced publicly;

5. Where the Chairperson deems it necessary to convene an emergency call, he/she may convene a call after broadcasting on the day.

Article 30 (Matters to be referred to General Meeting) The following matters shall be referred to the General Meeting:

5. Election and removal of officers;

7. Article 21 (Appointment of ex officio Officers and Auditors) of the articles of association of the D Council on other important matters and matters referred by the Chairperson.

1. One person elected by the J Council and one chairman shall be the ex officio chairman;

B. The contents of each articles of association of the Defendant and D Council relating to this case are as follows.

C. Around November 15, 2018, the head of Da, G, F, and H (hereinafter “C, etc.”) of the four villages in Jeonnam-gun, Jeonnam-gun published a residents’ general meeting convening around November 16, 2018 under the name of the four sub-head of Kri, “F, etc.” (hereinafter “C, etc.”) to hold a residents’ general meeting at the E Welfare Center. On November 15, 2018, the Kri residents’ general meeting holding on November 15, 2018 (hereinafter “the first resolution”) dismissed the Plaintiff from office by the Defendant Chairperson and the representative of the D Council, and made a resolution to deprive the Defendant’s membership (hereinafter “the first resolution”).

C, etc. on January 20, 2019 Kri.

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