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(영문) 창원지방법원마산지원 2019.08.14 2019가합100363
조합장선임결의 무효확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

Defendant Cooperative is a redevelopment and rearrangement project partnership established on April 22, 2008 in order to implement a housing redevelopment project by making 1453 and others such as Masan-si, Changwon-si and Masan-si as a project implementation district, and the Plaintiff is a member of the Defendant Cooperative.

On September 3, 2018, the Defendant Union held a general meeting to elect executives (hereinafter referred to as “instant general meeting”). Of 719 members, 548 members participated in the election of the president and directors, and the voting was held at the first voting and the second voting was held without a majority vote.

The result of the first and second votes shall be as follows:

[Voting at the Head of the Cooperative] D Plaintiff 1, the number of votes cast at the 177 124 250 116 / [voting at the Head of the Cooperative] EF G HIJ 182 / 116 / The number of votes cast at the 152 160 130 160 130 14105 105 171 98171 981202 1558 158 158 158 140 140 82 156 104 91, 104 / 104 / The Defendant Cooperative adopted a resolution at the General Assembly of this case to appoint D, E, F, G, H, and K as a director, based on Article 14(2) and (3) of the Election Management Regulations.

Changwon requested supplementation on October 18, 2018, after the instant general meeting, on the ground that the quorum for the election of officers was not satisfied three times from October 18, 2018.

However, the defendant union's failure to comply with the above request for supplementation, and the Changwon city returned the application for authorization for change of the establishment of the defendant union on December 4, 2018 on the ground that it failed to comply with the request for supplementation.

The defendant union filed an objection against the above rejection disposition, but the Chang-si notified the non-acceptance decision on December 26, 2018.

On the other hand, on December 28, 2018, the Plaintiff filed an application against D for a provisional disposition suspending the performance of duties by the head of the partnership, and received a provisional disposition on February 15, 2019.

(Court) Article 41 (Executives) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (Executives of Partnership) of the relevant Acts and subordinate statutes and the articles of association of the defendant cooperative;

1. One head of the partnership;

2. Directors; and

3. Directors and directors of the association.

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