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(영문) 울산지방법원 2016.10.26 2015가합3811
임시총회결의 무효확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

On April 19, 2015, the general meeting convened by the Plaintiff, who was the chairperson of the defendant, was held as of April 19, 2015, and seven of the members of emergency countermeasures such as the defendant C et al. demanded the adoption of the vote on resignation of the plaintiff as an agenda item.

No. 3-1, No. 2, the plaintiff adopted the above agenda, and then entrusted the progress of the general meeting to D, the chief vice-chairperson. As a result of the voting on the above agenda, the plaintiff made a statement that "to accept the purport of residents" with the 32 votes, 21 votes, 10 votes, 10 invalid 1 votes among all 32 votes.

At around April 22, 2015, A evidence 3, B Nos. 4-1, 2, and the purport of the whole pleadings.D announced the convocation of a general meeting by cell phone text messages to its members on April 25, 2015, and announced the reorganization of an emergency countermeasure committee, and it was convened on April 25, 2015.

D Around April 27, 2015, around April 27, 2015, a public announcement was made on May 2, 2015 by mobile phone text messages to its members, and the approval of the collective resignation of members of the existing emergency countermeasure committee and the re-organization of the emergency countermeasure committee was directed, but the general assembly was convened on May 2, 2015.

Around May 15, 2015, A.D. again announced the convocation of a general meeting by cell phone text messages to members, and on May 17, 2015, the instant general meeting was held on May 17, 2015.

As a result of a new vote on all members of the emergency countermeasure committee at the above general meeting, the agenda items for resignation of all members of the emergency countermeasure committee were resolved with the affirmative votes of 27, opposing 9, invalid 1, and 1 votes of 38 out of the total 38 votes. Then, the executive officers of the emergency countermeasure committee were elected from E, Vice-Chairperson to G, Vice-Chairperson to C, Secretary C, and Auditor, respectively. The general meeting of this case also attended by the plaintiff and expressed their respective positions on each of the instant resolutions.

Members of the Emergency Countermeasure Committee shall be as follows: 1, 3, and 4. Chapter II Members:

1. Members: A resident qualified for admission who owns land and obstacles within the Ulsan International Housing Site Area;

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