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(영문) 광주지방법원목포지원 2020.10.13 2020가합10102
총회결의무효확인의 소
Text

1. The plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On August 4, 2017, the Defendant is a regional housing association that obtained authorization for the establishment of an association from the wooden Market to conduct a construction project of multi-family housing in the Jeju-si. The Plaintiffs are the Defendant’s members.

B. On December 19, 2019, the Defendant held a regular general meeting (hereinafter “instant general meeting”) to deliberate and resolve 14 agenda items listed in the attached list.

At the general meeting of this case, the defendant was 483 members.

C. On December 19, 2019, E, the head of the Defendant’s association, submitted a written resolution from FF on December 16:14, 2019, from 483 members of the Defendant’s 483 members, 278 members who were directly present without submitting a written resolution, 57 members who were directly present, and 43 members who were directly present after submitting a written resolution, and declared the opening of the general meeting.

The general assembly of this case first explained the 14 agenda items to the members of the association, and then the members of the association made a resolution for each item of agenda. On December 19, 2019, F submitted a written resolution prior to the resolution after completing the explanation of the agenda items on 17:30 on December 19, 2019, 200: 278 members of the association who were directly present without submitting a written resolution, 75 members who were directly present without submitting a written resolution, and 65 members who were directly present after submitting a written resolution.

E. Meanwhile, the Defendant’s 140 members signed on the list of the participants of the general assembly, which was kept at the place of the instant general assembly, and nine of them were the representatives of the members.

F. The 14 agenda items deliberated at the instant general meeting were passed with the consent of all members of the same number as the result of the attached resolution.

Only whether the members agree to or oppose the agenda at the time, the remainder, excluding the large number of persons, signed by 140 persons on the list of persons present at the general meeting, was aggregated.

G. The defendant gives notice of the result of the general meeting of this case.

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