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(영문) 부산지방법원 2017.04.12 2016가합2676
조합장선거무효확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The defendant is a housing redevelopment project partnership established on April 16, 2007 in order to implement a housing redevelopment improvement project in the Seo-gu Busan Metropolitan Government, and the plaintiffs are the members of the defendant's association.

B. On April 15, 2016, the Defendant publicly announced that an ordinary general meeting, including the president of a cooperative, should be held on April 30, 2016, which held on an agenda such as the withdrawal of executive officers, etc. on the president of a cooperative. The written public notice states that “In the event of a representative’s appearance, reference materials: proxy proxy, proxy identification card, proxy identification card, stamp, document proving the relation with the owner (family relation certificate, resident registration certificate, and national health insurance certificate, etc.), proxy is limited to his/her spouse, lineal ascendants and descendants, and siblings, and in the case of co-owned members, only representative members are present and voting rights are given.” (2) The Defendant held an ordinary general meeting (hereinafter “instant general meeting”) on April 30, 2016 and elected the head of the Defendant’s association.

At the time, G, H, and I released as a candidate and 223 of all 279 members participated in the voting and added that G 97 votes, H 96 votes, and I received 27 votes. G was elected as the head of the association with 132 votes as a result of a combination head voting with respect to G who is the largest winner.

(hereinafter “instant election resolution”). C.

Article 9 (Qualifications for Membership) (1) of the relevant articles of association and the relevant election management regulations shall be the owners of land or buildings within a project implementation district or the persons with superficies thereof (hereinafter referred to as "owners of land, etc.").

(4) If the ownership and superficies of land or buildings belong to two or more persons, one member representing such persons shall be deemed to be the one member.

In such cases, the number of persons shall designate one representative as the representative member and prepare a written consent to the appointment of the representative member in attached Form and report it to the Cooperative, and the juristic act as a member shall be the representative member.

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