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(영문) 울산지방법원 2016.04.28 2015가합20687
조합원총회결의 부존재 확인 등
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff as the parties concerned is a company that engages in housing construction and lease business, etc., and the Defendant is a land readjustment project implementer who has obtained permission for a land readjustment project for the land size of 275,070 square meters in Ulsan-gun, Ulsan-gun, Ulsan-gun.

The plaintiff is a member of the defendant association who owns a 152m2 square meters of Ulsan-gun D-gun, Ulsan-gun, which is located in the district subject to the land readjustment project of the defendant association.

B. Around June 1, 2010, the Defendant Cooperative notified union members of the third general meeting to be held “temporary: 14:00 on June 30, 2010; and place: F, agenda items: F, and election of the president and executive officers” (hereinafter “instant general meeting”); and posted a notice of the general meeting on the bulletin board of the office of the Ulsan-gun G Eup in Ulsan-gun, Ulsan-do, including the office of the Defendant Cooperative, and the ordinary bulletin.

C. On June 9, 2010, E at a general meeting delegated the right to vote on the election of executive officers to be exercised at the general meeting, and the general meeting was held in F in Ulsan-gun, Ulsan-gun on June 30, 2010. At that time, 13 persons directly present among the total 685 members of the Defendant Union and 381 persons who participated in the meeting.

1) On June 11, 2012, E, the president of the Defendant Union, filed an application for a provisional disposition suspending the performance of his duties with the U.S. District Court 2012Kahap439 against H on June 11, 2012, that “E and the Defendant Union shall not perform the duties of the president of the Defendant Union until the final and conclusive judgment on the merits of the case seeking nullification of the resolution of the General Meeting of Members of the Plaintiff on June 30, 2010 between E and the Defendant Union.” However, E was dismissed on the ground that there was no preserved right on November 21, 2012. 2) E was dismissed on October 8, 2012 against the Defendant Union on the ground that the U.S. District Court 2012Kahap7607, the same content as the instant lawsuit, namely, the resolution dismissing E from the office of the president of the Plaintiff Association on June 30, 2010.

'The effect of the resolution of the General Assembly of Members is to be confirmed.

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