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(영문) 창원지방법원 밀양지원 2018.06.08 2017가합10229
사원총회결의 부존재확인 등
Text

There is no resolution of the board of directors made by the defendant on January 19, 2017 and the special meeting resolution made by the defendant on February 26, 2017.

Reasons

1. Facts of recognition;

A. The Defendant is a non-corporate body established to newly build a regional housing association apartment with 497 households on a size of 20,827.40 square meters in the area D in Yangyang-si. The Plaintiff was appointed as the head of the Defendant’s association at the special general meeting of May 1, 2016, and was dismissed from office at the special meeting of February 26, 2017.

B. On January 6, 2017, the Defendant’s auditor E demanded the Plaintiff to hold an extraordinary general meeting with the Plaintiff’s order to suspend the Plaintiff’s performance of duties and to dismiss the Plaintiff’s president, but the Plaintiff did not accept it. On January 13, 2017, the Defendant publicly announced that the emergency board of directors consisting of the Plaintiff’s suspension of the Plaintiff’s performance of duties and the holding of the Defendant’s extraordinary general meeting will be held at the Defendant’s association office located in Gyeyang-si around January 18, 2017.

However, on January 19, 2017, not the above date, but at the coffee shop located in Seongbuk-gu, Changwon-si (hereinafter “the board of directors of this case”), the board of directors of the above board of directors made a resolution to suspend the performance of duties as the head of the Plaintiff’s partnership ex officio in the attending of C, H, I, and E, who is the defendant’s director, and to elect C as the representative of the partnership director and to hold the Defendant’s extraordinary general meeting.

C. On February 12, 2017, C publicly announced convening an extraordinary general meeting, the purpose of which is to dismiss the president of the association, etc. against the Plaintiff. Accordingly, a resolution was made as described in the attached Table 1 with respect to the extraordinary general meeting held around 14:00 on February 26, 2017 (hereinafter “instant extraordinary general meeting”).

The relevant statutes and the articles of association of the defendant association related to the instant case are as shown in attached Table 2.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3 (including each number, if any; hereinafter the same shall apply), Eul evidence Nos. 24, 29, 35, and 36, and the purport of the whole pleadings

2. The Defendant’s judgment on the main defense of this case is contrary to the Plaintiff’s assertion.

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