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(영문) 수원지방법원 안양지원 2018.01.12 2016가합101278
임시총회결의무효확인
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Defendant is an association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of the housing redevelopment project of the O's Unit in Ansan-si, Ansan-si (hereinafter “instant project”).

As the president of the Defendant’s association elected on February 19, 201, the Plaintiff continued to perform his/her duties as the president of the association since his/her term of office expired on April 19, 2014.

On April 19, 2014, two auditors and eight directors of the defendant have expired.

B. Members P demanded that the Plaintiff convene an extraordinary general meeting on January 22, 2015 with the consent of at least 1/5 of the members (174 members among the total 726 members) of the Defendant’s entire members, and the Plaintiff did not comply therewith.

On March 13, 2015, when the auditor D convened, the council of representatives of the defendant was resolved to suspend the performance of duties of the president of the association, and Q of the union members claimed as the oldest director of the defendant's articles of association under Article 16 (6) of the defendant's articles of association.

C. P, etc. obtained approval for holding an extraordinary general meeting on March 26, 2015, where the case, etc. of appointing the president, auditor, and director from the Ansan market as an agenda item pursuant to Article 24 of the Urban Improvement Act.

On May 28, 2015, Q Q called a representative for the president of the cooperative, the board of representatives held on May 28, 2015 elected P, R, S, T, and U as election management members. The above election management members elected P as the chairman of the election management committee around August 5, 2015.

P as the chairperson of the election management committee, the executives of the partnership and the representative candidates of the partnership on August 28, 2015 shall publish the publication of the registration of the list of candidates for representatives, and on September 21, 2015, as the representative of the defendant's association members requesting the convocation of the above extraordinary general meeting on September 21, 2015, the amendment of the articles of association and the appointment of executives (hereinafter

The notice of convening an extraordinary general meeting was made with ‘the agenda' as an agenda.

On the other hand, Suwon District Court 2015Kahap10072, which the plaintiff filed against Q and P, etc.

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