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(영문) 서울중앙지방법원 2016.11.24 2016가합519695
총회결의무효확인
Text

1. Among the instant lawsuits, the part of the claim for nullification of the resolution as to the agenda in paragraph 5 of the attached Table shall be made respectively.

2...

Reasons

1. Basic facts

A. The defendant was authorized on June 27, 2003 as the Housing Reconstruction Project Association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the reconstruction project of Seocho-gu Seoul Metropolitan Government U apartment.

As of March 13, 2016, the defendant's member is 407 persons including the plaintiffs.

B. W, on January 29, 2006, the president of the Defendant’s partnership, expressed his intention to resign from the president of the partnership at the Defendant’s general meeting.

After that, the defendant's members X and 105 other than X were the representative of the proposing party, and the defendant's president of the association demanded to convene an extraordinary general meeting for the resolution of each item on the attached list.

C. W shall hold an extraordinary general meeting of the Defendant on March 13, 2016 at the fourth floor of Vwale on March 13, 2016, and adopt a resolution on each of the items listed in the separate sheet.

"Public notice" has been given and a notice for convening the union members was given.

On June 20, 2016, the Defendant held the board of representatives to elect five election management members (Y, Z, AA, AB, and AC).

In the election commission held on the same day, Y was elected as the chairman of the election commission.

However, on February 26, 2016, AA reported that the status of a representative partner was lost by the defendant, and the eligibility of election management committee members was lost.

A bill referred to in subparagraph 1 that objects to the affirmative votes on the agenda: The same shall apply to the cases of ratification of the affairs of the Election Commission and the Election Commission, 171 28 24 323, 259 direct meetings of 64, hereinafter the same shall apply.

No. 6: Cases of implementation of prize competition 261 29 3323

E. On March 13, 2016, the Defendant held an extraordinary general meeting (hereinafter “instant general meeting”) on the fourth floor of Vwale Holdings 6:30 on March 13, 2016, and resolved on each agenda indicated in the attached list.

The results are as follows:

As a result of the agenda, subparagraph 2: AD 171 52.9% election A. 129.9% election A. 129.9% election: AE 157 48.6% election AF 130.2% AG 168 52.0% election A. 132.9% election C. 4: f. of election of directors.

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