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(영문) 광주지방법원 2018.06.29 2017가합60234
총회결의 무효확인의 소
Text

1. Ascertainment that the Defendant’s resolution on the election of directors on December 21, 2016 at a general meeting is null and void.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. Under the Housing Act, the Defendant is a regional housing association established to operate a housing construction project on the land of 15,748m2, Nam-gu, Gwangju, and 32 lots outside Gwangju, pursuant to the Housing Act, and the Plaintiffs are the members of the Defendant.

B. On December 21, 2016, the Defendant passed a resolution to select E, F, G, and H as the Defendant’s director (hereinafter “instant resolution to elect directors”) at the general meeting held (hereinafter “instant general meeting”).

C. Of the Defendant’s articles of incorporation, the contents pertaining to the instant case are as follows.

Article 15 (Number of Officers and Right to Withdrawal from Election) (1) The Cooperative shall have not less than three but not more than nine directors, excluding one president and one auditor and not less than four but not more than six election management members.

No person who is not a member shall be elected as an officer.

Article 16 (Election of Officers) (1) The election of the president of a cooperative shall be made with the recommendation of not less than 20 members, with the consent of not less than a majority of all members and with the consent of not less

(2) The auditor shall be elected with the recommendation of at least five members by at least a majority of the incumbent members and with the consent of at least a majority of the participating members.

(3) The election of executive officers, including the head of a cooperative, shall be made by means of online voting and written resolution at a place designated by the National Election Commission and the election commission of the cooperative.

(4) Directors, among executives, may elect a majority or more persons who have attended the meeting place of a general meeting by obtaining recommendations directly from members who attend the meeting place of the general meeting.

At this time, if the recommended number of persons exceeds the number of persons referred to in Article 15 (1), it shall be determined in the order of multiple votes, and shall be elected in the order of the extended number of persons.

Article 22 (Establishment of General Meeting) (1) A cooperative shall hold a general meeting comprised of all members.

(2) The president of a cooperative shall be convened by classifying the inaugural general meeting, general general meeting, and extraordinary general meeting.

(3) The ordinary general meeting shall be held.

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