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(영문) 대전고등법원 2018.07.11 2017나12507
임시총회결의부존재확인 등
Text

1. The judgment of the court of first instance is modified as follows.

A list of the cases attached to the defendant at the special general meeting of March 26, 2016.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of Gap evidence Nos. 1, 2, 5 through 9 (including serial numbers, and hereinafter the same shall apply), Eul evidence Nos. 1 to 6, and the fact inquiry results with respect to the head of the Daejeon Metropolitan City in the first instance.

In order to prevent confusion with natural persons (hereinafter referred to as "natural persons"), the defendant's association "the defendant's association" is established to implement housing redevelopment improvement projects under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents in Daejeon-gu.

(2) On August 8, 2006, the committee for promotion of the Defendant Union (hereinafter referred to as the “promotion committee”) was approved by the head of the Jung-gu Daejeon Metropolitan City (hereinafter referred to as the “head of Jung-gu”) for the establishment of the Defendant Union on November 8, 2008, and decided to approve the establishment of the association’s articles of association (hereinafter referred to as the “articles”), and the appointment of the head of the association was made by holding the inaugural general meeting on November 8, 2008. However, as to the appointment of the head of the association, any candidate did not obtain the majority of the members present who were the quorum for appointment as provided in the articles of association, and did not appoint the head of the association.

3) On March 21, 2009, the promotion committee held an extraordinary general meeting to establish an association, and decided to appoint the president of the association at the next general meeting. On May 30, 2009, the promotion committee again held an extraordinary general meeting to establish an association, and decided to amend the election management regulations, and held an election for the president of the association.

In the election of the president of an association conducted at the above special meeting, E, F, and G3 were run, and no one has obtained a majority in the first voting, and the second voting was held for E, F, and F2 who were the first voting, and the promotion committee.

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