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(영문) 대구고등법원 2016.07.13 2015나21654
총회결의무효확인의 소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. The Defendant is an urban development cooperative established with the purpose of implementing projects, such as changing land category, exchanging and dividing land, changing the form and quality of land, and installing public facilities, such as roads and parks, in order to promote the sound development of the above zone and the promotion of the welfare of its members, by designating the North-gu G and H class as a project implementation district, and the Plaintiff is the Defendant’s member.

B. Around September 2007, the Defendant: (a) held a general meeting to establish an association; and (b) elected the N andO as the president of the association; (c) subsequently, on October 1, 2014, 25 members including the Plaintiff, etc., who did not hold a general meeting despite the expiration of the term of office of the said head of the association, etc., requested the Defendant to convene a general meeting.

C. On October 21, 2014, the Defendant notified members of the convening of a general meeting. On October 30, 2014, the Defendant held a general meeting at the second floor conference of the second floor conference in North-Gu E (hereinafter referred to as “instant general meeting”) and resolved each item on the agenda in the separate list.

In the minutes of the general meeting of this case, the total number of voting partners: 20 persons, 127 persons (25 persons in direct attendance, 88 persons in writing attendance, 14 persons in proxy attendance), and the head of the association, as the president of the association, I, directors, M, P, C, J, Q, audit, N, T, U, V, V, W, X, Y, Z, AA, B, and AB are each elected.

(e)The principal provisions of the Defendant’s articles of incorporation relating to the convening procedures and resolution methods of the Assembly are:

The members under Article 2 (Members) The provisions of Article 14 of the Urban Development Act shall be the landowners within the “D” urban development zone.

Provided, That where the land in possession is shared, one representative of co-owners shall have the right to vote.

Article 12 (Executives and Representatives) (1) The heads of cooperatives, representatives, directors and auditors shall be elected at the general meeting of the members.

Article 13 (Appointment of Officers and Representatives) (1) When intending to elect officers or delegates necessary for the formation of an association, voting shall be held including oral recommendations.

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