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(영문) 서울동부지방법원 2017.04.26 2016가합108227
총회결의무효
Text

1. The Defendant confirms that a resolution on the agenda stated in the separate sheet at an extraordinary general meeting on September 11, 2016 is null and void.

Reasons

1. Basic facts

A. The Defendant is a housing reconstruction and improvement project association established on April 27, 2010 under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the reconstruction of I apartment units on seven parcels, including Gangdong-gu Seoul, Gangdong-gu Seoul.

Plaintiff

A and B are the Defendant’s auditors, and Plaintiff C, D, E, F, G, and H are the Defendant’s directors.

B. The Defendant P, a member of the Committee, asserted that at least 1/10 of the Defendant’s members, as stipulated in Article 23(4) of the Urban Improvement Act and Article 18 of the Defendant’s Articles of Incorporation, had been proposed, held an extraordinary general meeting for the resolution of the agenda indicated in the separate sheet (hereinafter “instant agenda”) as the representative of the proposings on September 11, 2016 (hereinafter “instant agenda”).

C. The minutes of the instant extraordinary general meeting (No. 11) states that “739 of the total number of the Defendant’s 1,462 members (i.e., 645 members who directly attended the meeting). Of them, 271 members (i.e., 94 members who directly attended the meeting without submitting a written resolution and submitting a written resolution) were present at the meeting, and the instant agenda was resolved with the consent of the majority (hereinafter “instant resolution”).

(3) In cases falling under any of the following subparagraphs, one member representing the number of members shall be regarded as one member:

In such cases, the number of persons shall designate one representative as the representative member and shall prepare a written consent to the appointment of the representative member in attached Form 2 and report it to the Cooperative, and the juristic act as a member shall be conducted by the representative member.

1. When the ownership and superficies of the land or a building belong to the co-ownership of several persons, Article 10 (Rights and Duties of Members) (2) The rights of members shall be equal, and the exercise of authority by proxy shall not be recognized in principle, but the authority may be represented in any of the following cases:

In such cases, members;

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