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(영문) 서울북부지방법원 2015.06.10 2014가합26310
대의원회결의무효확인
Text

1. A resolution made by the Defendant with respect to each item of agenda indicated in the separate sheet at the third meeting of delegates on June 21, 2014 is null and void.

Reasons

1. Basic facts

A. The Defendant Cooperative is the Housing Redevelopment and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), and the Plaintiff is the members of the Defendant Cooperative.

B. On October 25, 2013, the Defendant Mutual Aid Association obtained authorization of completion and announced before March 13, 2014, and on April 10, 2014, the Defendant Mutual Aid Association completed the maintenance project, such as completing registration of preservation of ownership of D apartment units newly built as a redevelopment project to its members.

C. On June 9, 2014, the president of the Defendant Union: (a) ordered the board of representatives on the matters indicated in the separate sheet, such as the dissolution of the partnership on June 13, 2014 and the appointment of the liquidator, to be held at the office of the partnership on June 13, 2014; (b) sent each notice of convocation to the representatives other than F; (c) however, the board of representatives on June 13, 2014 (hereinafter referred to as “the board of representatives without association in this case”) was dissatisfyed by members G, and were dissatisfyed by members opposing the resolution.

Accordingly, on June 17, 2014, the president of the cooperative gave notice of convening a meeting through the second announcement and text message, and on June 21, 2014, around 10:00, the third board of representatives (hereinafter “the board of representatives of this case”) held on June 21, 2014, among the 20 representatives, when the third board of representatives (hereinafter “the board of representatives of this case”) mobilized security guards on the third floor in the above apartment complex and controlled the entry of the president of the board of representatives, the head of the cooperative dissolved the defendant cooperative with the attendance (seven direct attendance) and with the consent of 13 persons among the 20 representatives, and resolved on each of the following agenda items, including appointing E, H, and I as a liquidator (hereinafter “the resolution of this case”), and individually named “O”, the registration of dissolution and appointment of the defendant cooperative was completed on June 24, 2014.

E. On the other hand, on June 12, 2014, 50 members of the Defendant Union, G, etc. were publicly announced to hold an extraordinary general meeting for the dismissal of executive officers of the Defendant Union. Accordingly, the said public announcement was made on June 12, 2014.

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