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(영문) 서울고등법원 2016.11.22 2016나2033620
손해배상(기)
Text

1. The plaintiff's primary claim against the defendant OO Housing Redevelopment Project Association added by this court is dismissed.

Reasons

1. Basic facts

A. The Defendant Cooperative is a cooperative established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on February 14, 2006 to implement a housing redevelopment project with approximately approximately 17,952 square meters of land in Guro-gu Seoul Metropolitan Government D, and the Plaintiff was in the position of the president of the Defendant Cooperative who is the representative of the Defendant Cooperative from January 27, 2006, which was the date of authorization for the establishment of the association, and as seen thereafter, there was a resolution at the general meeting of the Defendant Cooperative that dismissed the Plaintiff as the president of the Plaintiff on November 22, 201.

Defendant C was the president of Defendant C, the representative of Defendant C, from December 3, 2012 to February 27, 2015, a general meeting of dissolution of Defendant C association, from December 29, 2012, the delivery date of a provisional disposition to revoke the appointment of an acting representative of the Defendant C association (Seoul Southern District Court Order 2012Kahap316, November 29, 2012).

B. On February 25, 2010, the Defendant Union decided to pay one household in reserved land, recognizing the Plaintiff’s contribution at the ordinary general meeting of shareholders.

C. On November 11, 2011, Defendant C issued a muster notice to the effect that the general meeting of the Defendant Union (hereinafter “instant general meeting”) is held at the senior citizens’ office in the management office of Guro-gu Seoul E Apartment-gu Seoul (hereinafter “instant apartment”) on November 19, 201, on the following grounds: (a) the general meeting of the Defendant Union (hereinafter “instant general meeting”) is held at the senior citizens’ office, under the status of the representative of the proposing persons upon receipt of a proposal for convening the general meeting from 37 members among the 128 members of the Defendant Union.

As the head of the apartment management office and the council of occupants' representatives of the apartment of this case rejected the above senior citizens' use, the defendant association changed the general assembly place from the apartment of this case to H of about 1.27 km from the apartment of this case, and changed the time from 19:00 to 17:00.

E. As above, the Defendant Union notified the union members of the change of the time and place of the instant general meeting, and posted a notice on the change of the place and time next to the previous general meeting’s announcement and announcement, and then posted it.

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