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(영문) 대구지방법원김천지원 2016.11.18 2016가합15528
조합원 임시총회 무효확인의 소
Text

1. A resolution by the Defendant on February 28, 2016 regarding the content of Annex 1 List 2, which was rendered at an extraordinary general meeting of its members, is null and void.

Reasons

1. Basic facts

A. Relevant party 1) The defendant is the defendant under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) with the F Workers in the Gu, Si as the project area.

(2) As a maintenance and improvement project association established under the Act, the authorization for establishment of the association was granted on August 1, 2013, and the authorization for project implementation was granted on August 13, 2015. The Defendant received the application for parcelling-out from August 26, 2015 to September 24, 2015, and as a result, the number of union members was reduced from 226 to 220. 2) The Defendant appointed the Plaintiff as the president of the partnership at an ordinary meeting of May 30, 2015, as the Plaintiff, B, C, D, H, I, and J, respectively, as the auditor, and G and H thereafter resigned.

B. A resolution of dismissal against the Plaintiffs, etc. 1) G was signed by 122 members of the association (excluding three signatures deleted from total 125 out of total signature) on September 2015, 2015 by “the name of the president of the association, the name of the director, and the appointment of a representative and the composition of an emergency countermeasure committee” (hereinafter “documents No. 10 signed by the members”) with the signature of the convening of an extraordinary general meeting “the signature of this case”.

[2] Around October 12, 2015, G submitted to the Defendant the signature book of this case to the Defendant and demanded to convene an extraordinary general meeting where “the case of whether a president (executive) is new or not, and the case of the composition of an emergency countermeasure committee” is an agenda item.

On October 20, 2015, the Defendant held a board of directors to review the request for convening an extraordinary general meeting, and then demanded G to deliver the request by supplementing the reason for dismissal of the requesting person for convening an extraordinary general meeting, the evidentiary materials, the agenda of the extraordinary general meeting, the personal information of the union members, and the certificate of personal seal impression, as the request for convening an extraordinary general meeting fails to meet the requirements of Article 18 of the

3 G claimed that the Defendant did not hold an extraordinary general meeting within two months without good cause despite the Defendant’s request for convening an extraordinary general meeting, and demanded the auditor I and J to hold an extraordinary general meeting.

I and J, on February 5, 2016, requested an extraordinary meeting jointly by 125 members, but the president of the partnership does not comply with the request.

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