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(영문) 대구지방법원 2019.09.26 2019가합202256
총회결의무효확인 청구의 소
Text

1. Of the instant lawsuits, the part regarding invalidity confirmation of the resolution on the extraordinary general meeting of January 18, 2019 shall be dismissed.

2. The plaintiff's remainder.

Reasons

1. Basic facts

A. In order to implement B-house rearrangement project (hereinafter “instant project”), the Defendant obtained authorization to establish an association pursuant to the Act on Special Cases Concerning the Maintenance of A-house and Small-Scale Housing (hereinafter “Small-gu Housing Rearrangement Act”), and completed the establishment registration on October 8, 2018.

On June 5, 2018, the defendant elected D as the president of the partnership at its inaugural general meeting.

B. On January 18, 2019, the Defendant, as the representative proposer, announced that the Plaintiff would hold a general meeting for dismissal of the president of the Plaintiff at the Fda located in Daegu-gu E-gu, Daegu-gu, 2019. However, on January 18, 2019, the Defendant sent text messages to the effect that the place of the general meeting was changed from the above Fda to the second floor of the building in Daegu-gu, Daegu-gu, 2019. On January 18, 2019, the Defendant sent text messages to the said general meeting that the Plaintiff, the president of the partnership, was dismissed and the suspension of duties was resolved. On the same day, the Defendant sent text messages to the effect that

(hereinafter the above general meeting refers to the “first general meeting” and the above resolution to dismiss the company (hereinafter “the instant resolution”).

On January 25, 2019, the Defendant’s member H, as the chairman of the Election Commission, announced the appointment of a substitute for the president, one director, and one auditor. D, as the Defendant’s auditor, convened an extraordinary general meeting for the resolution of each of the items listed in the attached Table 1.

Accordingly, at an open special meeting on February 23, 2019, DD was the head of the association, I was elected as a director, and each agenda listed in attached Table 1, including I was resolved.

(hereinafter the above general meeting is referred to as the "second general meeting", and the above president of the partnership and the resolution of election of directors were adopted at the second general meeting is referred to as the "resolution of election of directors of this case".

D In the Defendant’s capacity as the president of the partnership, “The third general assembly (hereinafter referred to as “third general assembly”) for the resolution of each agenda set forth in the separate sheet No. 2 attached hereto, which is located in the G Hotel in Sung-gu, Daegu on May 3, 2019, and the first or third general assembly.”

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