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(영문) 대구지방법원 2018.08.16 2017나317783
약정금
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the principal lawsuit and counterclaim and the counterclaim by the Defendant (Counterclaim Plaintiff).

Reasons

1. Basic facts

A. The defendant is the Housing Redevelopment and Improvement Project Association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents for the purpose of implementing a housing redevelopment improvement project in Daegu Nam-gu C, and approved the establishment on February 27, 2009 and completed the registration of incorporation on March 17, 2009.

The plaintiff is a person appointed as a head of an association at the defendant's inaugural general meeting held on November 8, 2008.

B. On May 10, 2014, the Plaintiff held the Defendant’s extraordinary general meeting (hereinafter “the first general meeting”) for the appointment, etc. of the latter president of the cooperative, and the Plaintiff and D head of the cooperative. At the first general meeting, the Plaintiff and D head of the cooperative announced to the effect that there was no one elected by the majority of the members present, but the chairman of the election management committee announced D to the effect that D was elected as the head of the cooperative. Accordingly, the Plaintiff asserted that the said announcement was null and void in violation of the Defendant’s articles of association and election management regulations. (c) On July 26, 2014, the Plaintiff held the Defendant’s extraordinary general meeting (hereinafter “the second general meeting”) for the appointment, etc. of the latter president of the cooperative, and the Plaintiff was a resolution to appoint the Plaintiff as the head of the cooperative solely by running as a candidate

In relation to the above election of the head of a cooperative, the registration period on June 30, 2014 was set from June 30, 2014 to July 3, 2014, and the registration period was announced as the candidate for the head of a cooperative, but the above registration period was not notified individually to the defendant's members by registered mail.

Accordingly, the Daegu District Court 2014Gahap2819 filed a lawsuit against the Plaintiff on the grounds that part of the Defendant’s members filed a lawsuit seeking confirmation of the absence of the status of president of an association. On January 23, 2015, the said court rendered a judgment that “The term of office of president of the Plaintiff’s association terminated on February 26, 2012, and the resolution that the Plaintiff appointed the Plaintiff as president of the association at the second general meeting is excessively restricted and invalid, and thus, the Plaintiff is not in the position of president of the association.

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