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(영문) 수원지방법원안양지원 2017.09.22 2016가합764
임시총회결의무효확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. The Defendant is the redevelopment and maintenance project partnership established on July 24, 2013 with the authorization of the establishment of the king market in order to implement the housing redevelopment project on the land of 90,438.6 square meters in total of 510 square meters, including Guang-si C, etc., and the Plaintiff (hereinafter “Plaintiff”) and the designated parties are the Defendant’s partners.

B. On January 30, 2016, the Defendant held an extraordinary general meeting for the election of officers (hereinafter “instant extraordinary general meeting”), and the members of the society were 428 persons who invested in a written resolution, and 84 persons who participated in the field (including 63 members who participated in the meeting after submitting a written resolution). The result of the general meeting held under the direction of the Speaker pro tempore (the Chairperson of the Election Management Committee) and each of the items listed in the separate list (hereinafter “each of the instant items”) were resolved.

Article 15 (Executives) (1) A cooperative shall have the following officers:

1. One head of the partnership;

2. Not less than one auditor and not more than two auditors;

3. Five to eleven directors shall hold a general meeting consisting of all members in a cooperative;

Article 21 (Matters to be Resolved by General Meeting) The following matters shall be determined through a resolution of the General Meeting:

8. Selection and dismissal (excluding appointment by vacancy during the term of office) of the executives of the partnership (1) The general meeting shall be held with attendance of the majority of the members, and pass a resolution with the consent of the majority of the members present, except as otherwise provided for in the Act and the articles of association;

Provided, That at least 1/10 of all members shall be present directly.

(3) Members of a cooperative may exercise their voting rights in writing or through an agent falling under any subparagraph of Article 10 (2).

When exercising in writing, it shall be deemed as attendance under the provisions of paragraphs (1) and (2).

(6) If the result of convening a general meeting falls short of the quorum, it shall be re-called, and even in cases of re-call, if the quorum is not met, the board of representatives may substitute for the general meeting

except that Article 21.

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