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(영문) 서울서부지방법원 2018.02.07 2017가합34097
총회결의무효확인
Text

1. Of the plaintiffs' lawsuits in this case, the defendant is reappointed at the ordinary meeting of shareholders on March 30, 2017.

Reasons

Basic Facts

The defendant is the party to the relevant law and the defendant is the Housing Redevelopment and Improvement Project Association which has obtained approval for the establishment of the association on December 29, 2008 under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Act") for the purpose of promoting a housing redevelopment project in Eunpyeong-gu Seoul Metropolitan Government 36,179 square meters.

Around February 30, 2017, the president of an association, who is an executive of the defendant, E, auditor F, G, H, I, J, and K, and the defendant, on February 7, 2017, announced the public announcement of the composition of candidates for the election management members for the election of executive officers. On March 15, 2017, the public announcement was made on March 15, 2017; the public announcement was made on March 2017; the public announcement was made on March 3, 2017, including the public announcement of the organization of two election management members; the public announcement of candidates for the reappointment of executive officers as candidates for the expiration of the above term; the public announcement was made on March 16, 2017; the public announcement was made at the 3rd general meeting of 19181, 83, G 839, G 187, H 190, H 26, H 190, 187, etc.

(hereinafter “Resolution of this case”). The Defendant filed an application for authorization to change the establishment of an ordinary general meeting. The Defendant applied for authorization to change the establishment of an ordinary general meeting. However, on June 16, 2017, the head of Eunpyeong-gu filed an application for authorization to change the establishment of an ordinary general meeting. The head of Eunpyeong-gu does not comply with the procedures under Article 7(2) and the Defendant’s Election Management Regulations (the head of Eunpyeong-gu does not appoint two election management members even though he/she is appointed from five to nine.

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