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1. On October 25, 2016, the Defendant’s resolution on the agenda indicated in attached Form 1 among the resolution on the special general meeting of an association is null and void.
Reasons
1. Basic facts
A. In order to implement an urban environment improvement project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Defendant shall be the association established on December 17, 2009 and obtained authorization from the head of the Dong-gu Incheon Metropolitan City, which was established on December 17, 2009.
The plaintiffs are married couple and the defendant's members.
B. On October 10, 2016, the head of the Defendant’s association announced that the instant general assembly was held on October 25, 2016 for voting of each item of agenda indicated in the separate sheet (hereinafter “instant general assembly”). On October 25, 2016, the instant general assembly was held.
C. The Defendant calculated that 230 of the 344 members of the entire members of the instant assembly (26 members of the 66th written resolution) participated in the voting. As follows, the majority of the members of the instant assembly consented to the agenda item 1. As to each of the remaining agenda items, it was aggregated that the majority of the members present and the majority of the members present agreed to the vote, the Defendant declared that all of the agenda items listed in the separate sheet (in the case of agenda items 5 and 6, the selected company
The separate vote vote No. 15194 40 3174 40 474 179 472 142 142 142 143 165 40 53 142 53 140 145 9115 140 145 140 145 145 140 139 139 240 136 147 247 162 147 247 146 147 247 146 146 247 146 147 252527 16257 1647 147257)
D. The main contents of the Defendant’s articles of incorporation at the general assembly of this case are as follows.
Article 8 (Amendment of Articles of Incorporation) (2) Where a cooperative intends to amend the articles of association, it shall hold a general meeting, notwithstanding Article 16 (1) through (3) of the Act.