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(영문) 서울남부지방법원 2015.12.11 2015가합106593
선임결의 무효확인
Text

1. The defendant confirms that the resolution in which the defendant elected C as the chairperson of the defendant at the ordinary meeting of shareholders on December 11, 2014 is invalid.

Reasons

1. Determination as to the cause of claim

A. The facts of recognition 1) The Defendant is a management body consisting of 69 persons holding the B apartment building sectional owners located in Yangcheon-gu Seoul Metropolitan Government, and the Plaintiff is the Defendant’s member. 2) The Defendant held an ordinary general meeting on December 11, 2014 (hereinafter “instant general meeting”) around 17:00; 22 of the members of the management body; and seven of the persons who attended the general meeting and delegated the resolution.

At the above general meeting of shareholders, C, who received 12 votes among the 22 votes, was elected as the chairperson of the defendant.

(hereinafter) The resolution of which the Defendant elected C as the Chairperson is the same as the above shall be divided into ownership voting rights and equity voting rights. Article 9 (Method of Exercising Voting Rights and Voting Rights) (1) The voting rights are divided into ownership voting rights and equity voting rights.

(2) 1 per person, even if one person owns a large number of stores.

(3) Equity interest

(a) The rights may be exercised in accordance with the equity ratio in the attached Table 5;

(b) a resolution on the percentage of shares shall, in principle, be made only by the mandators who have inevitably participated in the certificate of the seal imprint when delegation is made;

§ 10 (1) The following matters shall be decided with the consent of a majority of all voting rights of shop owners:

Article 15 (General Session) (5) The meeting shall be held by the attendance of a majority of the voting holders and the delegation of the voting rights.

3) Of the Defendant’s management rules, the part related to the issues of the instant case is as follows. [The fact that there is no dispute over the grounds for recognition, the entries in Gap’s 1, 3, and 5, and the purport of the whole pleadings:

B. According to the management rules of the defendant, the quorum for holding the general meeting of the defendant is 35 persons, which are a majority of 69 members of the management body, and even if the number of the members and the number of clients are combined, only 29 persons below the quorum were present.

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