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(영문) 대구지방법원 2017.07.13 2016가합2455
임시총회및대표단회의결의무효확인
Text

1. On August 31, 2015, the Defendant appointed Nonparty H, I, J, K, K, G, L, M, N,O, P, Q, Q, S, T, and U as the representative group.

Reasons

1. Basic facts

A. The Plaintiffs are part of the store owners of the 195 store located in Daegu Northern-gu X (hereinafter “instant commercial building”), and the Defendant is an organization consisting of all sectional owners of the instant commercial building.

B. On December 19, 2009, Plaintiff A was appointed and performed as the representative of the F Commercial Building delegation organized by the shop owners of the instant commercial building, but did not hold a general meeting for shop owners from October 15, 2010 to June 2014 after the opening of the general meeting for shop owners.

C. Accordingly, on June 23, 2014 and September 2014, part of the store owners of this case demanded the above A to hold a general meeting, but the above A refused the demand to hold a general meeting.

Accordingly, the 14 shop owners, including Nonparty G, H, J, K, L, Q, S, and T, applied for a permit to convene an extraordinary meeting of the shop owner of the instant case as an agenda item for the election of the successor representative of the shop owner of the instant case as the court 2014 non-conforming61, and filed an application against Plaintiff A for a suspension of performance of duties and a disposition of appointment of an acting representative under this Court No. 2014Kahap419.

E. On February 17, 2015, this Court permitted the convening of the instant special meeting of the shop owner on each of the above applications. On the other hand, until the next representative is elected, the Court made a provisional disposition that suspended the performance of duties as the representative of Plaintiff A and appointed Y as the acting representative.

F. After that, with respect to the foregoing case No. 2014 non-conforming61, this Court rendered a decision to order the said Z to convene the store owner general meeting within three months after changing the acting person from Y to Z on April 10, 2015, and subsequently, this Court changed the deadline for convening the special meeting to August 31, 2015.

G. On August 31, 2015, the above Z held the Defendant’s extraordinary meeting (hereinafter “instant extraordinary meeting”) pursuant to the above 2014 non-party G, H, I, J, K, L, M, N, P, Q, Q, R, S, T, and U at the above extraordinary meeting (hereinafter “instant special meeting”). The Defendant is below the resolution to appoint Nonparty G, H, I, K, L, M, P, P, Q, S, and U as the representative group of the instant commercial building.

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