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(영문) 부산지방법원 2018.09.05 2017가합769
총회결의등무효확인
Text

1. Attached Form 1 rendered by the Defendant at an extraordinary general meeting on June 21, 2016

2. Each resolution entered in the list shall be confirmed to be invalid.

2...

Reasons

1. Facts of recognition;

A. On October 28, 1969, the defendant is an incorporated association established for the purpose of the prosperity and development of the commercial buildings as members of the sectional owners of the C market located outside the Seo-gu Busan, Seo-gu, Busan (hereinafter “instant commercial buildings”) on October 28, 1969. The plaintiffs are the owners of the stores in the instant commercial buildings.

B. Defendant’s resolution on the special meeting as of April 16, 2016 and resolution 1 of the board of directors as of May 10, 2016) 43 members of the Defendant applied for the permission to convene the special meeting as of April 8, 2016 by Busan District Court 2016BD5, and received the said court’s decision to grant the permission to convene the special meeting as of April 8, 2016 (hereinafter “the instant decision to permit the convocation of the special meeting”).

(2) The Defendant held an extraordinary general meeting on April 16, 2016 in accordance with the instant decision on the permission to convene the extraordinary general meeting. A resolution was made to appoint D as the chairperson of the Defendant at the said extraordinary general meeting.

3) After that, the Defendant held a board of directors on May 10, 2016, and the said board of directors held a resolution to adjust the number of members by expulsion of members falling under the grounds for expulsion under Article 12 of the Articles of Incorporation for the smooth progress of the special meeting in the future. (C) Defendant’s resolution 1 on June 21, 2016: (a) around June 2016, the Defendant attached to the bulletin board and the entrance toilet of the Organization of the Organization as an agenda item, “case of the consolidation of the business association and the merchants’ meeting,” “case of the amendment of the Articles of Incorporation,” “case of the amendment of the Articles of Incorporation,” and “case of other resolution,” etc. on June 21, 2016.

2) In the E newspaper on June 17, 2016, the Defendant publicly announced that “the board of directors of the Defendant made a resolution to temporarily dismiss the members from the members under Article 12 of the Defendant’s Articles of Incorporation and to hold an extraordinary general meeting as 55 members,” which read, “the Defendant’s board of directors, who had been absent until the extraordinary general meeting was held on April 16, 2016.”

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