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(영문) 제주지방법원 2014.06.12 2013가합1880
대의원회 결의무효 확인
Text

1. The Defendant confirms that each resolution listed in the separate sheet in the meeting of the board of representatives dated May 14, 2013 is null and void.

2...

Reasons

1. Basic facts

A. The Defendant is a cooperative established on April 25, 2002 after obtaining authorization for the establishment under the Urban Development Act for the implementation of an urban development project in which members, such as Jeju City D and E, were located as a project implementation district, and the Plaintiffs are the Defendant’s members. The Plaintiffs A was appointed as the Defendant’s president on March 8, 2012 and was dismissed as the Defendant’s resolution of the board of representatives on May 14, 2013. The Plaintiff B was a person who was appointed as the Defendant’s head of the Defendant’s partnership at the resolution of the board of representatives, which was confirmed as invalid in the claim for confirmation of invalidity of the resolution of the board of representatives (No. 2012Ga2619) of this Court.

B. Among the Defendant’s articles of incorporation (hereinafter “instant articles of incorporation”), the main contents pertaining to the executives, representatives, and meetings are as follows.

XI.(Executive Officers and Representatives) This Union shall have the following executive officers and delegates:

1. President of a cooperative: One person;

2. Executive director: One person;

3. Directors: Five to ten persons.

4. Auditors: Two to three persons.

5. Representatives: At least 10 percent of partners (the concurrent office of a member of the Land Appraisal Council);

6. Advisor: several names under Article 11-3 (Dismissal of Officers and Representatives).

1. In cases where he/she causes unfair loss to a cooperative or damages the reputation of a cooperative in contravention of the duties, abandonment or neglect of duties of executives or representatives, or the relevant Acts and subordinate statutes, or the articles of incorporation, he/she

2. The board of directors shall recommend the dismissal under paragraph (1) to resign, and may dismiss him/her at the board of representatives if he/she fails to comply with such recommendation.

Article 12 (Election of Officers and Representatives)

1.The presidents, directors, auditors, and delegates of the Union shall be elected at the Assembly from among its members;

4. Vacancy of executives shall be appointed by the board of representatives from among the members within 30 days, and vacancies of representatives from among the members shall be ratified by the board of directors on recommendation and appointment by the president of the partnership;

Provided, That in the case of more than a legal quorum, it may be omitted.

Article 16 (General Assembly)

1. A general meeting of this association shall be held;

2. The general meeting shall be composed of members;

Article 18 (Board of Representatives)

1. An association shall have a board of representatives to act on behalf of the general meeting;

2...

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