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(영문) 전주지방법원 2016.06.15 2015가합5360
대의원회결의 무효확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. The defendant is a housing reconstruction improvement project association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter "Urban Improvement Act"), and the plaintiff is the defendant's member

B. On January 17, 2008, the Defendant submitted to the former Mayor an application for modified authorization for a housing reconstruction project partnership with the content that the number of union members is changed to 496 persons, and received a notification of modified authorization for the said application from the former Mayor on January 28, 2008.

C. On July 17, 2015, the Defendant filed an application for modified authorization for a housing reconstruction project partnership with the content that the number of association members is changed to 709 persons. D.

On September 14, 2015, the defendant held a council of delegates and made a resolution of the representative of this case with the contents stated in the purport of the claim in the attendance of 33 members.

E. On December 2, 2015, the Plaintiff filed an application against the Defendant for a provisional disposition of suspending the validity of the instant representative’s resolution with the Jeonju District Court 2015Kahap280, and the said court rendered a decision on December 2, 2015 that “the validity is suspended until the judgment of nullification becomes final and conclusive, and the Defendant shall not execute the resolution.”

F. On November 28, 2015, the Defendant: (a) recruited 43 representatives from its members; (b) constituted C, D, E, F, and G as an election commission; (c) held an extraordinary general meeting on November 28, 2015; and (d) submitted the agenda items on the organization of the said election commission as three to obtain approval.

The following are the agenda items for deliberation and approval at an extraordinary general meeting held by the Defendant on November 28, 2015 (hereinafter “instant general meeting resolution”). The contents of the instant resolution are included in the following agenda items:

No. 5 construction contract (a) contract for the election of representatives and a money loan contract for the election of representatives, No. 4 cases of ratification of the amendment of the articles of association and election management regulations, No. 2 of ratification of the affairs to be performed at 1 of the resolution of the general assembly of this case, No. 3 of the amendment.

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