logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2019.04.26 2018가합56168
조합장 지위 부존재확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. C Regional Housing Association (hereinafter “instant association”) is a housing association established to construct housing on the ground of Incheon Yeonsu-gu pursuant to Article 32 of the Housing Act (amended by Act No. 14344, Dec. 2, 2016). The Plaintiff is a member of the instant association, who was a director, and the Defendant was the head of the instant association from June 2016 to October 2018.

[On the other hand, on July 11, 2018, the Defendant was subject to a provisional disposition suspending the performance of duties by the time the judgment on the merits of the instant association became final and conclusive. Attorneys E was appointed as an acting director for the president of the instant association (Seoul District Court 2018Kahap10210). While the Defendant raised an objection, it was decided to authorize the provisional disposition suspending the performance of duties on October 10, 2018 (Seoul District Court 2018Kahap10271).

On January 24, 2018, the Defendant issued a fine of KRW 700,00 to the members of the Incheon District Court for a violation of the Housing Act, such as not disclosing the documents of partnership rules, etc. within the time limit set in the Housing Act, and around that time, the above summary order became final and conclusive.

Article 19 (Disqualifications, Disqualifications, and Disqualifications for Executives) (1) None of the following persons shall be appointed as an executive of a cooperative:

5. Officers and employees of the Corporation or the executive branch of the Housing Association. (2) If an officer is indicted for any civil or criminal case in connection with his/her duties after being appointed, his/her qualification for performing his/her duties may be suspended by a resolution of the board of directors until a final and conclusive judgment is made, and the officer who has been sentenced to a fine

Article 27 (Resolution of General Meeting) (1) The following matters shall be determined through a resolution of the general meeting:

4. Selection (including written consent), amendment, conclusion of a contract for a construction project, and ratification of various service contracts for the progress of the project;

C. The relevant provisions of the bylaws of the instant association are as follows.

arrow