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(영문) 대전지방법원 2016.08.19 2015가합2014
총회결의무효확인
Text

1. The Defendant confirms that a resolution stated in the separate sheet in the separate sheet prepared by the extraordinary general meeting on March 21, 2015 is null and void.

2...

Reasons

Basic Facts

A. The relationship 1) The Defendant Union was established to carry out a collective housing construction project that constructs and sells apartment and neighborhood facilities on the ground of the 66,970 square meters wide-gun, Chungcheongnam-gun, Chungcheongnam-do, by consisting of 636 members on March 26, 2008. The Plaintiffs are the members of the Defendant Union. The Plaintiffs are the members of the Defendant Union. The Defendant Union held a general meeting on February 24, 2013 and approved the election management regulations (draft) as the head of the association, and the head of the association and the Plaintiff D, E, directors M, I, B, J, C, C, and auditor passed a resolution on the agenda to select Plaintiff F and G.

On February 26, 2013, the result of the above general assembly was posted on the Internet car page of the Defendant Union.

B. The rules of the defendant union and the election management rules of the defendant union relating to this case are as follows.

Article 15 (Executive Officers) (1) of the Regulations of the K Apartment Building Association shall have the following executive officers:

1. One head of the partnership;

2. Two deputy presidents of cooperatives;

3. Five directors; and

4. Two auditors. (2) The partnership officers shall be appointed at a general meeting with the attendance of the majority of union members and the consent of the majority of union members present.

Provided, That where a vacancy occurs during the term of office, the board of representatives shall appoint a substitute from among the members.

Article 18 (Dismissal, etc. of Officers, etc.) (1) Any officer or representative who causes an unreasonable loss to the Association in violation of the relevant Acts and subordinate statutes or the rules and regulations may be dismissed.

In such cases, an opportunity to vindicate the relevant executive officer or representative, such as a hearing, shall be provided in advance, and where he/she fails to comply with the opportunity to vindicate, such as a hearing, he/she shall be deemed given an opportunity

Provided, That with respect to a retired officer or representative who is obligated to be dismissed pursuant to the provisions of paragraph (2) of Article 17, the qualification shall be lost from the date on which the reason for dismissal occurred.

(2) Where an executive has resigned from his/her office or is dismissed under paragraph (1), a new executive shall be promptly dismissed.

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