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(영문) 서울남부지방법원 2015.07.10 2014가합10145
총회결의 무효확인
Text

1. As to the Defendant’s dismissal from office at the extraordinary general meeting of May 31, 2014, and “the agenda of subparagraph 1: president of an association, director, and auditor.”

Reasons

1. Basic facts

A. The Defendant (hereinafter “Defendant Union”) is a cooperative established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul to implement housing redevelopment projects, and is a person who served as a director of the Defendant Union from October 17, 2013 for Plaintiff A, B, C, D, and E, and Plaintiff F and G were the auditors of the Defendant Union from October 17, 2013.

B. On May 11, 2014, at least 1/10 of the members of the Defendant Union, proposed the dismissal agenda of the Plaintiffs, an executive officer of the Defendant Union, and the president of the Defendant Union, in accordance with the procedure stipulated in Article 23(4) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, and Article 18(3) of the Articles of the Defendant Union’s articles of association, and they were elected as the representative of the aforementioned proposers, the date and time were determined on May 31, 2014, and notified the convening of an extraordinary general meeting to the members of the Defendant Union, who are the members of the Seoul Yeongdeungpo-gu Association.

(4) Notwithstanding the provisions of Article 24, the dismissal of the partnership's officers may be conducted at the general meeting convened at least 1/10 of the partnership members by the attendance of a majority of the partnership members and with the consent of a majority of the partnership members present at the meeting.

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.

Article 18 (Dismissal of Officers, etc.) (3) The dismissal of officers of the defendant association may be made by the attendance of the majority of the members present at the general meeting convened at least 1/10 of the members or at least 2/3 of the representatives and with the consent of a majority of the members present at the meeting, and in such cases, the person elected as the temporary society of the representative of the proposers shall

C. On May 31, 2014, an intervenor served as the president pro tempore who is the representative of the proposing at an extraordinary general meeting of the Defendant Union held by the Mlenary Council (hereinafter “instant extraordinary meeting”).

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