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(영문) 대구지방법원상주지원 2015.12.17 2015가합201
임시총회결의무효확인
Text

1. Ascertainment that the Defendant’s resolution at an extraordinary general meeting of October 19, 2015 is invalid.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Determination on the cause of the claim

A. The facts of recognition: ① The Defendant is an organization whose members consist of 51 shop owners located in and around the C market located in and surrounding the Dong-si. The Plaintiff is elected as the president at the general meeting held on February 12, 2015; ② Articles 17 and 18 of the Defendant’s articles of incorporation provide that “the president of the general meeting is the president; the president of the general meeting shall hold the general meeting within 30 days if the president demands the meeting with the consent of 1/5 or more of all members; and the president shall convene the general meeting in order of the president and the vice president determined by the board of directors if the president does not convene the general meeting; ② Article 19 provides that “the date, time, place, and purpose of the general meeting shall be promulgated by 7 days before the meeting is held; ③ The Defendant’s directors and 33, who are the directors of the Plaintiff, shall not be able to re-conven the general meeting with the consent of non-Confidence in favor of the president, and the Plaintiff shall not convene the general meeting on October 19, 15,”.

B. According to the above facts of recognition, in order for the Defendant to lawfully hold the special meeting, the Chairperson shall promulgate the date, time, venue, and purpose of the meeting from October 19, 2015 to October 11, 2015, which was from October 19, 2015, which was the date of the instant special meeting, pursuant to Article 19 of the Articles of Incorporation. However, the Defendant’s director, and 33 other persons, who are the Defendant’s directors, sent an application for permission to convene the special meeting, to the Plaintiff, who is the Speaker of the special meeting, as the chairperson of the special meeting.

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