(영문) 부산지방법원 2019.07.24 2019가합41146

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(영문) 부산지방법원 2019.07.24 2019가합41146

직무대행자지위및조합원권한부존재확인

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1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The plaintiffs are members of the K Regional Housing Association Promotion Committee established for the purpose of housing execution business in the above site by setting a square of the 28,323.80m of Busan Dong-gu I and J Won as the project site. The defendant is a director of the Promotion Committee of this case as a director of the Promotion Committee of this case, and is currently performing the duties of the head of the association as proxy.

The main contents of the bylaws of the promotion committee of this case are as follows.

(4) Where a member causes damage to a cooperative because he/she fails to perform his/her duties as a member, such as any of the following cases, he/she may be expelled from the cooperative in accordance with a resolution of the board of directors or the general meeting:

In such cases, the relevant member shall be given an opportunity to vindicate before expulsion, but where he/she fails to comply with such opportunity even though he/she has been given an opportunity to vindicate, it shall be deemed that

1. Where the payment of charges, etc. has not been made on at least two consecutive occasions by the designated date;

2. Article 16 (Election of Officers) (1) An officer shall be elected by a written resolution or a general meeting with the attendance of a majority of incumbent members and with the consent of a majority of incumbent members present at the meeting, and where written resolution and a general meeting are concurrently conducted, the number of persons present shall be the sum of the number of persons present;

Article 19 (Duties, etc. of Executives) (6) Where the president of a cooperative is unable to perform his/her duties due to his/her dismissal, he/she shall act on behalf of the president in the order of senior.

Article 20 (Resignation, Dismissal, etc. of Executives) (2) Any executive may be dismissed in accordance with the procedures for such appointment.

At this time, an auditor may report to the general meeting on the grounds for dismissal of executive officers, and when an auditor is dismissed, the head of the association may report to the general meeting on the grounds for dismissal.

(4) In cases falling under paragraph (3), up to the time a new executive is appointed or dismissed.

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