logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2017.02.03 2016가단17009
총회비용
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant is a housing redevelopment and rearrangement project association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), with Seongbuk-gu Seoul and 1,123 lots of land as a project implementation district, and the Plaintiff is a member of the Defendant’s association.

B. The Defendant Union continues to hold a general meeting of union members since October 201, and the general meeting of union members was not held as of June 15, 2012. At the 65th meeting of the board of directors on February 9, 2015, D management directors appointed as proxy for the president’s duties on behalf of the president of the union are performing the duties on behalf of the president of the association.

C. On March 25, 2015, Nonparty E, a partner, filed a request for convening an extraordinary general meeting with D on behalf of the head of an association, along with 248 copies of “written request for convening an extraordinary general meeting” with the purpose of adopting a resolution on an agenda item, such as the amendment of the articles of association, etc. Meanwhile, on March 26, 2015, the Plaintiff also filed a request with D for convening an extraordinary general meeting aimed at adopting a resolution on an agenda item, such as the appointment of the head of an association, etc., along with 234 copies of “written request for convening an extraordinary general meeting.”

On May 15, 2015, the Defendant Union opened the board of directors on May 15, 2015 and passed a resolution stating that “The request for convening an extraordinary general meeting initiated by the representative of E and the request for convening an extraordinary general meeting proposed by the Plaintiff do not meet all the requirements set forth in the relevant statutes and the Defendant Union’s articles of association, and it is difficult to pass a resolution on the agenda presented as an agenda item.” Thus, the Defendant Union decided to convene an ordinary general meeting under the name of D on behalf of the president of the association to hold a successful general meeting and constitutes

E. On May 18, 2015, D’s duty on behalf of the president of a cooperative fails to meet the standards under Article 20(4)1 of the Articles of association of the Defendant cooperative, and thus, notified the Plaintiff that he/she would return the request for convening an extraordinary general meeting. On May 20, 2015, the Plaintiff returned the proposal from the Defendant cooperative and responded to the request for convening an extraordinary general meeting.

arrow