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(영문) 인천지방법원 2020.08.14 2019가합57694
총회결의무효확인
Text

All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The Defendant was established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of implementing a housing redevelopment project in the area of 180,99 square meters in Dong-gu, Incheon Metropolitan City for the purpose of implementing a housing redevelopment project, and was authorized to establish an association on November 30, 2009, and the Plaintiffs are the Defendant’

B. On April 11, 2019, the Defendant issued the publication of the registration period for executives of a cooperative (hereinafter “the publication of the registration of the instant case”) from April 11, 2019 to April 18, 2019, and sent it to the members by ordinary mail.

C. On April 19, 2019, the Defendant publicly announced the convening of the special meeting (hereinafter “instant special meeting”) on May 4, 2019 to hold six general meetings (hereinafter “instant special meeting”), including each item on the agenda indicated in the separate sheet (hereinafter “instant agenda”) on April 19, 201. On the scheduled date, the Defendant held the instant special meeting and made a resolution on all six items (hereinafter “instant resolution”).

The main provisions relevant to this case in the Articles of incorporation and election management regulations of the defendant are as follows:

(1) The association shall faithfully notify its members and interested parties of the matters concerning the rights and duties (including changes; hereinafter the same shall apply) of its members.

(2) Public announcement under paragraph (1) shall be made by the following methods, except as otherwise provided for in the articles of incorporation:

1. To the members concerned, a notice shall be given individually by registered mail, and where the registered mail is returned because the address of the member is unknown or the rejection to receive it is sent in addition to regular mail only once;

2. Relevant documents and drawings shall be publicly announced on the bulletin board of a certain place where its members can easily access (hereinafter referred to as “mail board”) for at least 14 days and posted on the bulletin board for at least three months from the date of posting;

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