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(영문) 서울북부지방법원 2015.08.27 2015가합21497
임시총회결의무효확인의 소
Text

1. Ascertainment that the Defendant’s resolution on the extraordinary general meeting of December 6, 2014 is invalid.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. On May 29, 2012, the Defendant is a housing reconstruction and rearrangement project association with the size of 25,109.60 square meters in Jung-gu, Seoul as a project implementation district, which was approved to establish an association on May 29, 2012, and the Plaintiff (designated party; hereinafter “Plaintiff”) and the designated parties are part of the Defendant’s members.

B. Around April 30, 2014, at least 1/5 members, including D, among the total 262 members of the Defendant’s association, requested the Defendant to convene an extraordinary general meeting on an agenda “the modification of the articles of association, the case of election of the president of the association, the case of election of directors, the case of election of the president of the association, the case of re-election of representatives, the case of the plan for the termination of the management of the association, the case of the measure for the termination of the service company, and the case of the criteria for the selection of the service company”. On November 20, 2014, the Defendant’s association head and the auditor requested the Defendant to convene an extraordinary general meeting. Around November 20, 2014, the Defendant’s association head and the auditor requested the case of approval for the modification of the regulations for election, the case of election of representatives, the case of the maintenance business entity’s contract maintenance and performance of duties, and the case of seeking a direction

C. The Defendant’s extraordinary general meeting was held on December 6, 2014, and all of the items presented as follows: “the cases of approving the amendment of the articles of association, the election management regulations, the cases of election of executive officers (association head, the auditor, and the director), the cases of election of representatives, the maintenance of the contract, and the performance of duties of the maintenance business entity.”

(hereinafter the above special meeting is referred to as “the instant special meeting,” and the resolution passed on the said agenda is referred to as “the resolution on the instant special meeting.”

The phrase “a maintenance business entity’s contract maintenance and performance of duties” resolved at the instant special meeting is to re-contribute a contract with the Defendant’s board of directors on August 17, 2012 and the council of representatives on September 13, 2012, a specialized management business entity specialized in improvement projects, a corporation for the development of wheelchairs cities (hereinafter “contributing city development”), which decided to terminate.

E. The contents of the Defendant’s articles of incorporation (hereinafter “instant articles of incorporation”) pertaining to the instant case.

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