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(영문) 서울북부지방법원 2017.06.15 2016가합25571
총회결의무효확인 청구의 소
Text

1. The Defendant’s dismissal of the president of the association, the general director, the management director, the auditor (all members), and the non-standing director (all members) on August 27, 2016.

Reasons

1. Basic facts

A. 1) The Defendant is the project implementation district (hereinafter “instant project implementation district”) with the Seongbuk-gu Seoul Metropolitan Government MU 153,501 square meters wide.

(2) The Housing Redevelopment Improvement Project (hereinafter referred to as the “instant Project”)

The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the “Urban Improvement Act”) shall apply.

(2) The Plaintiffs are the head of the partnership, the management director of the Plaintiff B, the management director of the Plaintiff C, the general director, the Plaintiff D, and E, respectively, the auditors, the F, G, H, I, and the J are the directors of each non-standing director.

B. 1) The Plaintiffs were trying to hold a general meeting from May 2016 to resolve on the establishment of a management and disposal plan. 2) The Defendant’s partial members (hereinafter “commissioned Members”) representing the Defendant’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s motion to hold an extraordinary general meeting to dismiss the Plaintiffs from the Defendant’s officers on May 30, 2016 with the Defendant’s consent of 119. However, the Plaintiffs failed to hold the said extraordinary meeting because they failed to meet the quorum due to the conflict between the Plaintiffs’ supporting partners and their opposing members.

3) On June 14, 2016, the members requesting the dismissal of the Plaintiffs, with the Defendant’s consent of 115 members, publicly announced that they will hold an extraordinary general meeting to dismiss the Plaintiffs from the Defendant’s executives on July 9, 2016. However, on July 2, 2016, the second public announced that the said extraordinary meeting would be postponed on July 30, 2016. On July 22, 2016, the second public announced that the said extraordinary general meeting would be held on August 27, 2016. (c) On August 10, 2016, Plaintiff A, B, C, D, and E would be held on the said provisional disposition prohibiting the holding of the extraordinary general meeting.

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