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(영문) 전주지방법원 2017.04.21 2016가합2214
조합장등임원지위부존재확인
Text

1. All of the plaintiff's claims are 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 on May 30, 201 for the purpose of implementing the housing redevelopment and rearrangement project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, and the Plaintiff is the Defendant’s

B. At the ordinary general meeting on January 26, 2013, the Defendant elected the president, directors, and auditors of the partnership (hereinafter “the first executive of the partnership”), but the Defendant passed a resolution on dismissal of the said executive at the extraordinary general meeting on April 22, 2014, on the ground that the operation of the partnership is not clear.

C. On November 29, 2014, the Defendant again elected the president, directors, and auditors at the special meeting (hereinafter “the second union officer”). A part of the Defendant’s members filed a lawsuit seeking nullification of the resolution on the said special meeting under the Jeonju District Court 2015Kahap1764 against the said resolution, and filed an application for suspension of the performance of duties and the appointment of proxy for the said union officers under the said court’s 2015Kahap100013.

On May 29, 2015, the Jeonju District Court decided to suspend the performance of duties by the executives of the second partnership, and appointed J as the president of the partnership on June 12, 2015, but changed the acting representative to M. as some of the members raised an objection.

E. The Defendant’s officers of the first and second unions submitted a letter of resignation from all the officers on May 2015 to September 2015, and the Defendant’s representative accepted the letter of resignation from all the officers other than the president C.

F. On September 22, 2015, an acting director for the head of the Defendant partnership held an extraordinary general meeting (hereinafter “instant extraordinary meeting”) on November 28, 2015, with the permission of an ordinary director to permit the act of the said acting director to convene an extraordinary general meeting, which is a matter of selecting the executives and delegates of the Defendant and to establish a management and disposal plan, by the Jeonju District Court 2015.

G. From the special meeting of this case, C, as the head of the Defendant’s association, D, E, N, F, G, H, and I are each the Defendant’s directors.

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