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(영문) 서울중앙지방법원 2017.07.14 2016가합544660
총회결의무효확인등의소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The defendant is the promotion committee for the corrective improvement project established in accordance with the special law for the development of traditional markets and shopping districts in order to remove the market buildings on the Seoul N and O ground and implement the market reconstruction project.

B. The Plaintiffs were sectional owners holding a store in the above market building, and were appointed by the Defendant’s fourth residents’ general meeting held on September 18, 2015 as the Defendant’s promoters.

(hereinafter “Resolution of the Fourth Resident’s Assembly”)

On May 16, 2016, 42 land owners in the market improvement zone promoted by the defendant proposed to convene a general meeting for the dismissal of the defendant's chairperson, vice-chairperson, auditors, and promoters.

Accordingly, on June 3, 2016, the sixth Resident's Assembly was convened on June 3, 2016, and 127 of 177 landowners was present at the instant general meeting, and a resolution was passed to dismiss the plaintiffs from the Defendant's promoters with the consent of a majority of landowners present at the meeting

(hereinafter “Resolution of the 6th Residents’ Meeting”) D.

After that, on June 10, 2016, the Defendant’s promotion committee adopted a special election to elect new promoters according to the dismissal resolution against the Plaintiffs (hereinafter “resolution of the 19th promotion committee in this case”); on June 17, 2016, the promotion committee passed a resolution on the “case concerning the budget (draft) in 2016” and “case concerning the composition and public announcement of the selection committee of the subcontractor.”

(hereinafter “Resolution of the 20th Promotion Committee”). E

On the other hand, the defendant held the 8th residents' general meeting on March 17, 2017 and newly elected all the promotion chairperson and the promotion members (20 persons).

hereinafter referred to as the "Resolution of the 8th Residents' Assembly of this case"

On April 24, 2017, Gangnam-gu approved the change of the chairperson and promoters appointed according to the 8th residents’ general meeting of this case. Article 15 (Appointment and Change of Members ③ The term of office of executive officers shall be up to two years from the date of appointment.

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