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1. The proceedings shall be dismissed by the designated parties listed in the annex 2 list;
2. The plaintiff (appointed party) and the attached list 2 shall be listed.
Reasons
1. Basic facts
A. The defendant is a non-corporate group established for the purpose of promoting common interests of the members by acquiring a site for living countermeasures from the Gyeonggi-do Urban Site Development Project, which is a implementing company of the housing site development project, and constructing a commercial building, etc. after settling the profit and loss from the project. The plaintiff (Appointed Party) and the designated parties are the defendant's members or those who acquire the shares from the existing members, and D is a person elected as the head of the defendant's partnership around 2009 and whose term of office expires since 2012.
B. However, around June 2014, after the expiration of the term of office of the head of the Defendant’s association, D convened the Defendant’s extraordinary meeting, and accordingly, the Defendant held the Defendant’s extraordinary meeting on July 2, 2014. In the foregoing extraordinary meeting, the Defendant made a resolution to change the method of allocating business profits to the members of the association in the manner of discounting some (35% in case of purchase of commercial buildings or officetels owned by the Defendant, and 17% in case of officetels (hereinafter “instant resolution”).
C. Accordingly, some of the designated parties, including the Plaintiff (Appointed Party), filed an application against the Defendant and D for a provisional disposition demanding the suspension of execution of the instant resolution and the suspension of performance of duties by the head of Suwon District Court 2014Kahap211. On October 1, 2014, the said court rendered a decision dismissing the application for a provisional disposition suspending execution of the instant resolution with the purport that “the Defendant shall not execute the instant resolution until the final judgment on the principal claim for confirmation of invalidity of the resolution between the Plaintiff (Appointed Party) and the Defendant becomes final and conclusive,” but the application for a provisional disposition suspending execution of the instant resolution was accepted to the effect that “the Defendant shall not execute the instant resolution until the final and conclusive judgment on the principal claim for confirmation of invalidity of the resolution of the general meeting of association between the Plaintiff and the
The provisions relating to this case in the defendant's articles of incorporation are as follows.