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(영문) 서울동부지방법원 2019.02.20 2018가합107679
회사에 관한 소송
Text

1. We confirm that the Defendant’s Intervenor does not have the status of the Defendant’s president.

2. Of the costs of lawsuit.

Reasons

1. Basic facts

A. The Defendant is a housing redevelopment and rearrangement project partnership established on April 25, 2008 pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). The Plaintiff is a member of the Plaintiff, and the Intervenor joining the Defendant (hereinafter “Supplementary Intervenor”) is elected as the head of the Defendant’s partnership on March 13, 2015.

B. On February 4, 2018, 46 employees, including the Plaintiff, etc., representing D, may be dismissed at a general meeting convened at the request of at least 1/10 of the members and with the consent of a majority of the members present, notwithstanding Article 44(2).

In such cases, the authority of the president of the association shall be exercised when a person elected as the representative of the requester calls and proceed with the general meeting of dismissal.

Around February 13, 2018, D demanded a convocation of an extraordinary general meeting on which an assistant intervenor was dismissed, etc., and D announced that the instant extraordinary meeting will be held on March 4, 2018 as an agenda item.

C. On March 4, 2018, at the general meeting of this case held on March 4, 2018, 189 of the total number of Defendant Union members (i.e., 177 union members directly present at 177 union members who submit a written resolution) were present, and the proposal to dismiss the Intervenor was resolved with the consent of 183 members.

On the other hand, on June 7, 2018, the supplementary intervenor was subject to a provisional disposition of suspending the performance of his/her duties (Seoul Eastern District Court 2018Kahap10145) that he/she shall not perform his/her duties as the president of the partnership until the final and conclusive judgment on the merits of the case (the judgment in this case) and the attorney E was appointed as the representative for the president of the partnership on June 28, 2018.

[Reasons for Recognition] Facts without dispute, Gap's statements, Gap's evidence Nos. 1-4, 6, 7, 12, 15-18, the purport of the whole pleadings

2. The Plaintiff asserts that the Intervenor was legally dismissed with the attendance of a majority of the members and with the consent of a majority of the members present at the instant special meeting.

For this reason,

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