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(영문) 전주지방법원군산지원 2016.11.25 2016가합10348
대의원회 결의 무효 확인의 소
Text

1. All plaintiffs' lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant is a cooperative established to implement the housing reconstruction project pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), and the Plaintiffs are the Defendant’s members.

B. On May 7, 2015, the Defendant held meetings of representatives on July 36, 2015, July 36, 2015, September 17, 2015, and December 38, 2015, (i) December 29, 2015, (ii) and (iii) January 27, 2016; (iv) passed a resolution on each item of agenda as indicated in the separate list (hereinafter referred to as “resolution of representatives”).

C. On May 14, 2016, the Defendant made a resolution to confirm all the business activities executed by the Defendant’s board of representatives by resolution from May 7, 2015 to April 25, 2016 (hereinafter “resolution of the instant general meeting”) at the general meeting of partners held on May 14, 2016 (hereinafter “instant general meeting”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3 through 9, 14, 16, Eul evidence Nos. 1 and 4 (including each branch number, if any; hereinafter the same shall apply), and the purport of the whole pleadings

2. The gist of the plaintiffs' assertion is that the council of representatives of the defendant shall consist of at least 1/10 of the members of the association pursuant to Article 25 (2) of the Urban Improvement Act, which is a mandatory provision. At the time of the resolution of the council of representatives of this case, the total number of the defendant's representatives was less than 1/10 of the members of the defendant association, a non-qualified person attended the meeting and exercised voting rights. A resolution made at the 41th council of March 3, 2016 among the resolution of the council of representatives of this case was defective in the convocation procedure. Thus, all of the resolution of the council of this case is invalid due

3. Judgment on the main defense of this case

A. The defendant's assertion that there was a defect as alleged by the plaintiffs in the resolution of the board of representatives of this case, but confirmed the resolution of the board of representatives of this case by the resolution of the general meeting of this case.

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