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(영문) 울산지방법원 2016.11.23 2016가합178
주민총회결의부존재확인
Text

1. A resolution to dismiss the Plaintiff from the chairperson of the Promotion Committee at the residents’ general meeting held by the Defendant on January 19, 2016 and C.

Reasons

Basic facts were based on the defendant's general meeting held on November 20, 2014, the plaintiff was appointed as the chairperson of the promotion committee, C, and F as the auditor. After that, the defendant entered into a contract for specialized management of housing reconstruction with the dispatching corporation (hereinafter "transmission"), and borrowed operating expenses, business expenses, etc. from the transmission.

However, as a part of the owners leave the process of carrying out the above project internally, disputes have occurred with the profitability of the project over transmission and delivery.

On July 1, 2015, around June 2015, the Defendant’s audit C and F sent a guide letter and a document stating that the promotion committee of this case (hereinafter “instant promotion committee”) shall be held, and “influence of the promotion committee of this case,” to the effect that the Defendant’s audit and inspection C and F shall be held.”

On July 1, 2015, 58 incumbent members of the Promotion Committee of this case (28 on the site and 30 on the written resolution) were present at the meeting of the Promotion Committee of this case on July 1, 2015, and 56 members except 2 auditors (27 on the site, 29 on the written resolution, and 52 of them were resolved with the consent of 52 auditors.

On January 19, 2016, G, the highest person among the promotion committee members, convened, and on January 19, 2016, 371 of the owners of the land, etc., 501, who agreed to the establishment of the defendant, were present (21 of the site, 350 of the written resolution), and 661 of the total number of owners of the land, etc. was present (24 of the site, 637 of the written resolution).

The plaintiff's dismissal bill was passed by 635 votes, 635 votes, 8 votes, 18 votes, and invalid 18 votes, and the new promotion chairperson's appointment of C was passed by 635 votes, 8 votes, 18 votes and invalid 18 votes, and D and E were passed by 628 votes, 4 votes, 29 votes, and invalid 29 votes, respectively.

The evidence of subparagraph 2 shall be submitted.

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