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(영문) 서울남부지방법원 2016.05.12 2015가합109363
대의원회결의 무효확인
Text

1. Ascertainment that a resolution on the attached Form, which was made by the council of delegates on August 31, 2015 by the Defendant, is null and void.

2...

Reasons

1. Basic facts

A. The Defendant is a reconstruction association which completed the registration of incorporation on the 30th of the same month as the Geumcheon-gu Seoul Metropolitan Government Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) was established for the purpose of implementing a housing reconstruction project and obtained authorization to establish the association on February 11, 2000, and implemented on July 1, 2003.

The plaintiffs are the members of the defendant.

B. The Defendant’s members were 1,470 persons at the time of September 22, 2014.

On December 12, 2014, the Defendant’s board of representatives resolved to dissolve an association based on the completion of the project, and the number of representatives at that time was 106 persons but the number of representatives at that time decreased due to death, voluntary withdrawal, etc. thereafter, the number of representatives at that time was 86 persons at that time.

C. On the other hand, the defendant on June 13, 2015 and the same year at the request of an auditor.

7. 11. Total twice. A legitimate general assembly did not take place due to the failure to meet the quorum of the proceedings.

Accordingly, based on Article 19(6) of the Defendant’s Articles of Incorporation, the Defendant held a board of representatives on August 31, 2015, and 71 of the registered representatives present at 86, and passed a resolution on the agenda in the attached Form (hereinafter “instant resolution”). D.

The provisions of the defendant's articles of incorporation relating to this case are as follows.

Article 19 (Method of Resolution at General Meeting) (6) If the result of convening a general meeting falls short of the quorum, it shall be re-called, and even in the case of re-call, if it falls short of the quorum, it may be substituted by a meeting of representatives.

(Provided, That this shall not apply to matters concerning subparagraphs 2, 7, and 8 of Article 18. In such cases, the matters to be resolved by the board of representatives shall be notified to all the members of the council by registered mail within seven days.

Article 20 (Establishment of Board of Representatives) (1) An association shall have a board of representatives.

(2) The board of representatives shall be elected on the basis of one member per 15 persons, but the total number of representatives shall not exceed 100.

Article 22 (Method of Resolution by Board of Representatives) (1)

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