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(영문) 청주지방법원 2019.07.18 2018가합5680
도회장인준직이사선출결의무효확인청구의소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The E Association is a corporation established pursuant to Article 81 of the Multi-Family Housing Management Act in order to improve the economic and social status of the F, protect the rights and interests of the occupants, etc., and protect the rights and interests of the occupants, etc. through housing management research and work, and Defendant Cdo Association (hereinafter “Defendant Cdo Association”) is a City/Do Association established in G area according to the articles of association of the E Association, and the number of its members is 439 members. The Plaintiffs are members of Defendant C

B. Article 40(3) of the articles of association of the Do president E Association shall hold a general meeting among 317 voting rights holders on October 30, 2017 and Article 40(3) of the articles of association of the Do president E Association provides that “the City/Do president and the City/Do president shall be elected at the relevant City/Do council, the City/Do president shall obtain authorization from the chairperson within one month from the election date, and the vice president of the City/Do council shall be appointed by the chairperson with the consent of the steering committee.”

In addition, Article 26(3) of the articles of association of the E-Association, which is a director of the E-Association, provides that “a director (referring to a director of an association who is not a City/Do council) shall be elected at the general meeting of the City/Do council, and shall be appointed at the meeting of the (Association) upon the recommendation of the president, and the person who is appointed

Defendant D obtained 127 votes, Nonparty H 99 votes, and Plaintiff A 74 votes in relation to the election for the chief of the Do council, among the total 300 votes in which the voting was held, and Defendant D obtained 127 votes, H 101 votes, and Plaintiff A obtained 72 votes in relation to the election for the chief of the Do council, and Defendant D was elected as the chief of the Do council and the associate director of the Do council.

C. Meanwhile, the relevant provisions of the Operational Regulations of the Defendant CDo Council (hereinafter “Operational Regulations”) delegated by the articles of association of the Association and the relevant provisions of the Election Management Regulations of the Defendant CDo Council (hereinafter “Election Management Regulations”) are as follows.

Article 17 (Matters to be Resolved by General Meeting) (1) of the Operational Rules.

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