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(영문) 서울동부지방법원 2020.05.13 2019가합102619
무효 등 확인 청구의 소
Text

1. Of the instant lawsuits, the part of the claim for nullification of the resolution of the board of representatives dated November 16, 2014 is dismissed.

2. The plaintiff.

Reasons

1. Basic facts

A. The Defendant was established on July 27, 2012 after obtaining authorization for the establishment of an association on August 9, 2012, in order to implement housing redevelopment improvement projects in Seongdong-gu Seoul Metropolitan Government E (hereinafter “instant rearrangement zone”).

B. On November 17, 2014, the Plaintiff became a member of the Defendant by acquiring the ownership of the land and the building in the instant improvement zone.

C. 58 representatives were elected at the Defendant’s inaugural general meeting held on April 28, 2012.

The defendant publicly announced that five representatives from among the representatives elected at the inaugural general meeting due to changes in ownership, etc. were vacant, and thereafter four representatives were appointed by the first board of representatives held on November 6, 2014 by the defendant's first board of representatives (hereinafter referred to as "board of representatives held on November 6, 2014").

E. On July 8, 2015, four representatives were appointed at the Defendant’s second representatives meeting (hereinafter “council of Representatives as of July 8, 2015”) held on July 18, 2015.

F. A resolution to appoint 10 representatives was made at the fifth meeting of representatives held on October 6, 2016 by the Defendant’s fifth meeting held on October 6, 2016 (hereinafter “resolution to appoint substitutes for representatives on October 6, 2016”).

G. On October 31, 2016, the Defendant publicly announced that the election management members will be recruited in relation to the election of executive officers. On November 21, 2016, the Defendant passed a resolution to appoint five election management members at the sixth representative meeting of the Defendant (hereinafter “representative meeting of November 21, 2016”) held on November 21, 2016.

H. On January 20, 2017, the Defendant’s ordinary meeting (hereinafter “the ordinary meeting as of January 20, 2017”) was held. A resolution was made to ratification a resolution to appoint a substitute (hereinafter “resolution on the agenda”) from October 6, 2016 on the agenda under subparagraph 3 to October 6, 2016, and a resolution was made to appoint an executive officer, including one president of the partnership, seven directors, and two auditors (hereinafter “resolution on the agenda under subparagraph 5”).

I. On January 31, 2020, 18:30 of the defendant's extraordinary general meeting or below 'the defendant's extraordinary general meeting' is dated January 31, 2020.

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