logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2014.04.02 2013가합22601
임시조합총회결의무효확인등
Text

1. The plaintiffs' primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. On May 29, 2012, the Defendant: (a) was a housing reconstruction project partnership which has obtained authorization for the establishment of a project district of Jung-gu, Seoul; (b) was the Defendant’s member; and (c) Plaintiff A was the Defendant’s auditor from May 12, 2013 to May 12, 2013; (d) Plaintiff B, Plaintiff C, and Plaintiff J were the Defendant’s directors.

B. Around 15:00 on May 12, 2013, at the Defendant’s temporary general meeting (hereinafter “instant general meeting”) held in Nranchi M in Jung-gu, Seoul (hereinafter “instant general meeting”), Plaintiff A, Plaintiff C, and Plaintiff J (hereinafter “Plaintiff A, etc.”) resolved to dismiss the Plaintiff or director from office on the ground of “the instant resolution”, despite the fact that Plaintiff A, Plaintiff C, and Plaintiff J (hereinafter “Plaintiff A, etc.”) should be decent and prudented as an auditor and director of the association, the procedural problems and the implementation of the project that is not transparent, are likely to cause considerable property damage to its members, and that it did not perform its duties as a director, such as delay in the affairs of the association.

[The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents] (hereinafter "the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents") (4) The dismissal of officers of an association may be conducted at a general meeting convened at least 1/10 of the members of the association at the proposal of at least 24, with the attendance of a majority of the members and the consent

In such cases, the authority of the president of the association shall be exercised by a person elected as the representative of the proposing person in convening and proceeding the dismissal general meeting.

(2) Except as provided for in Article 23 (4), the president of the partnership shall convene a general meeting ex officio or at the request of at least 1/5 of its members or at least 2/3 of its representatives.

(3) The following matters shall undergo a resolution at a general meeting:

8. Selection and dismissal of union officers.

except that a resolution shall be made at a meeting.

arrow