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(영문) 서울북부지방법원 2020.06.11 2019가합23439
총회결의 무효확인 등 청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 2, 2009, the defendant is a cooperative established to implement an urban environment improvement project in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, and the plaintiff is a member of the defendant's association.

B. Article 15 (Executive Officers) of the Articles of Incorporation amended from the extraordinary general meeting on September 6, 2018, as of September 2, 2018, at the time of authorization to establish an association on September 6, 2018 (hereinafter “resolution to amend the articles of incorporation”). Article 15 (Executive Officers) of the Regulations on the Articles of Incorporation (limited to those who have resided in the project implementation district as of the date of authorization to establish an association for at least one year).

Provided, That where a vacancy occurs during the term of office, the board of representatives shall appoint a substitute from among the members.

Article 15 (Executives) (2) The heads of the partnership's officers and the heads of the partnership's officers shall pass a resolution with the consent of the majority of the union members present, where the candidates under each subparagraph of paragraph (1) fall within the number of executives, independently or in accordance with the resolution of the general meeting, from among the union members falling under subparagraph 3, and the full-time directors shall pass a resolution with the consent of the majority of the union members present, and where the candidates for the same position exceed the number under each subparagraph of paragraph (1

Provided, That where an executive officer, other than the head of an association, becomes vacant during his/her term of office, the board of representatives shall appoint a vacancy among the following members:

1. A person who owns land or structures in a project implementation district for not less than five years as of the date of selection;

2. A person who has owned land or structures in a project implementation district for not less than two years as of the date of selection;

3. On September 6, 2018, a person who owns land or a building within a project implementation district as of the date of the dispatch, as of the date of the dispatch, the Defendant presented a change in the qualification to be appointed by the Defendant’s executive officer stipulated in Article 15(2) of the Articles of incorporation as follows. Of 453 all members present at the said special meeting, 239 of the union members present at the said general meeting.

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