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(영문) 부산지방법원 2014.05.30 2014구합237
조합설립변경인가 거부처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

A. The Plaintiff is an association established to implement a housing redevelopment improvement project of 246 Won-dong, Busan East-dong, Busan-dong, and approved to establish an association on July 16, 2008.

B. On August 13, 2013, the Plaintiff held a board of representatives at the meeting room of the second floor of the Busan East-dong community credit cooperatives, Busan-dong community credit cooperatives, and passed a resolution on the amendment of the articles of association and the proposal to present the following matters to the general meeting of the association as an agenda item, and reported the result of the board of representatives on August 16, 2013 to the Defendant

Article 8 (Amendment of Articles of Incorporation) (1) Any amendment of the articles of association before the amendment of the articles of association before the amendment of the articles of association shall require at least 1/3 of union members or at least 2/3 of representatives or the president of a union.

(2) Amendments to the articles of incorporation shall be subject to authorization of the head of the same Dong with the consent of a majority of partners (referring to not less than 2/3 in cases falling under Article 20 (1) 2 through 4, 8, 12 and 15 of the Act).

Provided, That in cases of minor changes under Article 32 of the Presidential Decree, changes shall be made with attendance of a majority and concurrent votes of the members present.

(3) Matters referred to in paragraphs (1) and (2) shall be governed by the amended provisions for amendment of statutes.

Article 8 (Amendment of Articles of Incorporation) (1) Amendment of the articles of incorporation shall be approved by the head of the Gu with the consent of a majority of union members (in the case of Article 20 (1) 2 through 4, 8, 12 and 15 of the Act, not less than 2/3) at a general meeting.

Provided, That when intending to modify minor matters prescribed in Article 32 of the Presidential Decree, it shall be changed as a resolution of the board of representatives and reported to the head of the Gu

(2) Provisions of Article 17 of the Act shall apply mutatis mutandis to the consents under paragraph (1).

Article 15 (Executive Officers) (2) The executive officers of a cooperative shall be persons who have resided in the project implementation district as of the date of the inaugural general meeting of the cooperative members with the attendance of a majority of the union members and with the consent of a majority of the union members present, or have

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