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(영문) 서울북부지방법원 2019.01.24 2018가합22453
총회결의무효확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The defendant is a union established for the purpose of implementing a housing redevelopment project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents by making one-time Seoul Dongdaemun-gu Seoul Metropolitan Government 144,964§³ as a project implementation district, and the plaintiff is the defendant'

B. On May 20, 2017, the Defendant: (a) held an extraordinary general meeting on May 20, 2017; (b) held a special general meeting as an agenda; and (c) passed a resolution to dismiss all the executives of the association including D including the president of the association on May 20, 2017. (b) E, etc. filed an application with the court for the appointment of the head of the temporary association as the Defendant’s head of the temporary association on May 26, 2017. On August 7, 2017, the said court appointed an attorney F as the head of the Defendant’s temporary association by setting the term of office as three months on August 7, 2017.

C. On September 26, 2017, in order to organize an election commission for the appointment of executive officers of a cooperative, the president of an interim cooperative consisting of the election commission: (a) on the clean business system operated by Seoul Special Metropolitan City, published a candidate registration for election management members; (b) the said publication stated that “the election management members are selected under the supervision of the president of a temporary cooperative because they failed to hold a board of representatives due to the failure to meet the quorum for representatives and assign marks in the order of receipt

However, the candidate registration was extended once because five election management members are not recruited within the registration period set forth in the above notice, and the organization of the election management commission was completed on October 16, 2017.

After organizing an election commission on January 27, 2018, F retired from the position of the president of an extraordinary association, and on November 22, 2017, E and 319 members filed an application for permission to convene an extraordinary general meeting with the term “the appointment of the president of an association (the president of an association, the director, and the auditor) and ratification of the appointment of the election management members” under this court’s 2017Bu1028. On December 19, 2017, the above court decided E as the Speaker pro tempore who is the Speaker of the said extraordinary general meeting, upon receiving the above application. 2) E was on December 2, 2017.

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