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(영문) 의정부지방법원 2016.11.10 2016가합1233
대의원회결의 무효확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The plaintiff's assertion is that the defendant completed the registration of incorporation on January 17, 2008 as a housing reconstruction improvement project association (hereinafter "the defendant association") established to promote a reconstruction project in the Dong-si C Group.

A resolution of the board of representatives adopted on February 24, 2016 and April 14, 2016 by the Defendant Union (hereinafter referred to as “each council of representatives of this case”) is invalid for the following reasons.

According to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Act") and the articles of incorporation of the defendant cooperative, at least five directors of the defendant cooperative

However, the Defendant Union held a board of directors on December 25, 2015 and April 6, 2016 (hereinafter “each of the instant board of directors”) on the agenda to be presented to each of the instant board of representatives (the appointment of partnership officers (one director), the additional appointment of four representatives, the selection of cooperative companies following the preparation of the project implementation plan, etc.; hereinafter “each of the instant agenda items”) despite a vacancy of one of five directors, and deliberated on and decided the agenda items to be presented to the respective board of representatives of the instant case. Each of the instant agenda items was presented to each of the instant board of representatives and resolved.

Each of the board of directors of this case, which was made under the Urban Improvement Act and the articles of incorporation of the defendant association, shall be null and void, and a resolution of each board of representatives of this case shall also be null and void.

The number of legal representatives of the defendant union is 25.

The number of representatives in each of the instant cases was limited to 24 persons at the time of holding each of the instant representatives meetings, and the resolution of each of the instant representatives at each of the instant representatives meetings, which was held in the absence of the number of statutory representatives, shall be null and void

2. Determination, etc. on the main safety defense of the Defendant Union

A. Even if a resolution of each council of delegates on July 27, 2016 of the instant case’s principal safety defense by the Defendant association is null and void, the Defendant held a general meeting on July 27, 2016 and made the same resolution on the same agenda as each council of delegates. Therefore, the Plaintiff’s seeking the invalidation of each council of delegates of the instant case’s case’s

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