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(영문) 서울중앙지방법원 2016.10.18 2016가합507807
조합해산 등 청구의 소
Text

1. The plaintiffs' action against the defendant AV association is dismissed.

2. The plaintiffs' claims against the remaining Defendants.

Reasons

1. Basic facts

A. The status of the parties, Defendant AV association (hereinafter “Defendant association”) was established for the purpose of gathering the land for the neighboring commercial and neighborhood living areas supplied in the AW Housing Site Development Zone and settling the profit and loss from the virtual construction after settling the profit and loss from the virtual construction. The Plaintiffs and the Defendants are the partners.

B. On January 19, 2016, AD notified the convening of an emergency general meeting of the Defendant Union on January 14, 2016. On January 19, 2016, the Gangnam-gu Seoul AYOE held an extraordinary general meeting of the Defendant Union on the second floor of AYOE AYOE within the Gangnam-gu Seoul AYOE, and decided to sell BAE 5.95 billion won of land owned by the Defendant Association (hereinafter “instant land”).

(hereinafter referred to as “Special General Meeting of January 19, 2016,” which was held on January 19, 2016, shall be construed as “Special General Meeting of January 19, 2016,” and the resolution shall be construed as “Special Meeting of January 19, 2016,” respectively.

After the general meeting on February 16, 2016, some of the members of the Defendant Union raised an issue as to the validity of the resolution of the general meeting on January 19, 2016, and subsequently, the application for the suspension of the effect of the resolution of the general meeting was defective, the former president of the Defendant Union, Q and AD again convened the general meeting of the Defendant Union, and the resolution was passed to confirm the contents of the resolution of the general meeting of this case on January 19, 2016 at the general meeting held on February 16, 2016.

(hereinafter referred to as “Special General Meeting of February 16, 2016,” which was held on February 16, 2016, is referred to as “Special Meeting of February 16, 2016,” and the resolution is referred to as “Special Meeting of February 16, 2016,” respectively.

On May 20, 2016, on the ground that the appointment of the provisional president of the Defendant Union and nine members of the Defendant Union, including AD, did not perform the duties of the president of the Defendant Union and could cause damage to the Defendant Union, the Seoul Central District Court 2016 non-joint3053, and the said court applied for the appointment of the provisional president of the Defendant Union on May 31, 2016.

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