logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2019.09.05 2018가합211727
총회결의 무효 확인의 소
Text

1. Of the instant lawsuits, a claim for verifying the validity of a resolution on the agenda under subparagraph 1 among the resolutions on the extraordinary general meeting of August 13, 2015 is filed.

Reasons

1. Basic facts

A. The Defendant is a regional housing association established to promote a housing construction project (hereinafter “instant project”) pursuant to the Housing Act and its Enforcement Decree with the Daegu Suwon-gu V-gu V as a project implementation district, and the Plaintiffs were the Defendant’s members, who was expelled on October 11, 2018.

B. In the special meeting held on August 13, 2015, 556 of the registered members (including 172 written consent) were present at the general meeting held on August 13, 2015, the Defendant passed a resolution on the “case on the change of the business plan” (the agenda item 1) with the affirmative votes of 472, opposing 49, and 35 marks.

(hereinafter “instant resolution on the extraordinary general meeting of August 13, 2015”) C.

In the special meeting held on September 16, 2018, 937 incumbent members from among the 1,181 members present (357 members present at the principal, 579 members present at the representative), the defendant decided on the "case of withdrawal, expulsion, confirmation of the scope of the amount of common contributions to the disqualifications, and delegation to the board of directors" (Article 2) as the 851 votes, 851 votes, 43 votes, 43 votes, 43 votes, and 43 votes, respectively, as the 1,181 votes at the general meeting held on September 16, 2018 (Article 57 members present at the principal and 579 members present at the representative).

(hereinafter “instant resolution on the extraordinary general meeting of September 16, 2018”) D.

On October 11, 2018, the board of representatives of the defendant decided to propose 223 members, including the plaintiffs, on the grounds of non-Conclusion of the revised contract or the failure of the second contribution, etc.

(hereinafter “Resolution of the Board of Representatives as of October 11, 2018”). Article 10 (Rights and Duties of Members) (3) The voting rights of members shall be equal, and the exercise of power by proxy shall not be admitted as a matter of principle.

Provided, That if a member is unable to exercise his/her authority due to his/her failure, he/she may designate an adult as his/her representative and submit the power of proxy.

(3) A member who fails to perform his/her duty as a member, such as any of the following cases, causes damage to the cooperative.

arrow