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(영문) 춘천지방법원강릉지원 2015.10.27 2015가합154
입주자대표회의결의무효확인
Text

1. On January 27, 2015, among the instant lawsuits, the part of the claim for confirmation of invalidation of the resolution of dismissal of the Chairperson shall be dismissed.

2. The plaintiff's remainder.

Reasons

1. Basic facts

A. The status of the parties is an autonomous management organization consisting of representatives of B Apartments in the East Sea (hereinafter “instant apartment”), and the Plaintiff is a resident of the instant apartment, who was performing the duties of the chairperson of the Defendant.

B. On January 27, 2015, the Defendant, the president of the Korea National Housing Corporation, was comprised of the Plaintiff, C, auditors, D, directors E, F, G, H, H, and I. From among them, on January 5, 2015, the Plaintiff, through a certification of the details, “the details of the Defendant’s lawsuit against Daesan Public Corporation Co., Ltd., Ltd., the contractor for the instant apartment repair work”, “the details of removal due to non-Confidence of the president”, “the contents of the road compensation amounting to KRW 400 million for the execution of the road compensation amounting to KRW 400 million from the Korea National Housing Corporation’s access to the instant apartment,” requested the Defendant to hold a special meeting on January 12, 2015, but the Plaintiff did not comply with such request. However, on January 2, 2015, the Plaintiff, the oldest director of the instant apartment repair company and C, the vice-chairperson of the Plaintiff, was convened to hold a special meeting.

In the above special meeting, a resolution was passed to dismiss the Plaintiff with the consent of all six participants (hereinafter “the instant resolution of dismissal”). The reason was that “the Plaintiff did not publicly announce the result of the special meeting on December 30, 2014, but did not leave the meeting place without permission at the time of the special meeting on December 30, 2014, ② the Defendant was misrepresented, ③ the content verification was sent by misrepresenting the Defendant, ④ the non-compliance with the request to hold the special meeting.”

C. On January 27, 2015, among the eight members of the Defendant on February 3, 2015, the Defendant’s extraordinary meeting (director E, F, G, H, and I) held as the attendance of five remaining persons (other than the Plaintiff, D, and C) from among the eight members of the Defendant on January 27, 2015 (hereinafter “special meeting of the Defendant on February 3, 2015”).

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