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(영문) 광주지방법원 2019.05.30 2018가합57631
총회결의 무효 확인
Text

1. Of the instant lawsuits, the items Nos. 1, 2, and 5 set forth in the separate sheet No. 1, 2, and 5 set forth by the Defendant at the ordinary meeting of shareholders on April 7, 2018.

Reasons

1. Basic facts

A. Pursuant to Article 16 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on September 21, 2009, the Defendant is an association which has obtained authorization from the head of Gwangju Northernbuk-gu (hereinafter “A”) from the head of Gwangju Northern-gu as a project implementation district to establish a project district (hereinafter “the instant association”), and the Plaintiffs are members of the Defendant as those who own housing or land in A.

B. On January 23, 2018, the Defendant publicly announced that the following agenda items should be the subject matter of the resolution at the ordinary meeting on February 7, 2018, but did not meet the quorum, and the ordinary meeting on February 7, 2018 was not held.

- The agenda referred to in subparagraph 1: Cases of a project implementation plan(s) and consent to an application for authorization for the implementation of a project - Cases of a resolution, such as the borrowing of funds and the method thereof, interest rate, method of repayment, etc. - Cases of modification of the articles of association - Cases of modification of the articles of association - Cases of permission for application for the purchase by the owner of land, etc. which has no status as a union member - Cases of approval of the budget for the maintenance project cost(s) in 2018 - Cases of resolution of information disclosure (con

C. On April 7, 2018, the Defendant held a general meeting of shareholders with the same agenda as the “general meeting of shareholders on February 7, 2018” as the subject matter of the resolution, and held a general meeting of shareholders; hereinafter referred to as “instant general meeting of shareholders”).

The general meeting of this case held that the following resolutions were made as to each item by exercising voting rights by 197 members [12 persons shall attend the general meeting and exercise voting rights, and 185 persons shall exercise voting rights (118 persons among 185 persons shall submit a written resolution to the general meeting and attend the general meeting)]. - The following resolutions were made as to each item: The first item: the resolution passed on the motion of the project implementation plan (draft 192) and the motion of the approval of the project implementation plan (contribute 192): the lending of funds and the method thereof (contribute 182 - 3 items: the rejection of the amendment of the articles of association of the association: the case shall not have the status of union members.

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