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(영문) 수원지방법원 2016.06.16 2015가합2099
총회효력무효확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a cooperative established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 12116, Dec. 24, 2013); the Defendant’s members are 1,877; and the Plaintiff is the Defendant’s members.

B. Around 14:00 on April 12, 2014, the Defendant held a general meeting of union members at C Hotel in 2014 (hereinafter “instant general meeting”) and deliberated on the total seven agenda items, including a case of election of union presidents.

C. The main contents of the relevant provisions and the Defendant’s articles of incorporation are as follows:

Article 24 (Convening of General Meeting and Matters for Resolution) (5) Procedures, timing, method of resolution, etc. of convening of General Meeting shall be prescribed by the articles of association.

Provided, That where a resolution is made at a general meeting, at least 10/100 of the members shall be present directly.

[Defendant’s Articles of Incorporation] (4) In the case falling under any of the subparagraphs of Article 19(1) of the Act, one representative of the number shall be regarded as a member.

In such cases, the representative shall be designated as the representative member, and a written consent to the appointment of the representative member in attached Form shall be prepared and reported to the partnership, and the juristic act as a member shall be conducted by the representative member.

1. Where the ownership and superficies of the land or structures belong to several co-owners, a general meeting shall be held with attendance of a majority of partners, and pass a decision with the consent of a majority of present members, except as otherwise provided for in the Act and this articles of incorporation;

Provided, That at least 10/100 of members of a cooperative (referring to 20/10 of members of a cooperative in cases of a general meeting that resolves to formulate or amend an inaugural general meeting, a project implementation plan, and a management and disposal plan) shall attend directly.

[Judgment of the court below] The ground for recognition is without merit, Gap evidence Nos. 1 and 2, and the ground for appeal

2. The plaintiff's assertion

A. The number of members present directly at the meeting of this case shall be 160.

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