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(영문) 서울서부지방법원 2016.08.25 2015가합33762
임시총회결의 무효확인
Text

1. Attached Form 17:00 Seoul Eunpyeong-gu I, 208 Dong 208 Underground-based Class I, the defendant's first-story club on October 12, 2014

1. An entry in the list;

Reasons

1. The facts under the basis of facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings in each entry of Gap evidence of Nos. 1 through 4, 6 through 18, 22, and 25 (including the branch numbers, if any; hereinafter the same shall apply).

The defendant is the redevelopment and consolidation project association established for the purpose of implementing the housing redevelopment improvement project of Eunpyeong-gu Seoul JJ, and the plaintiffs are the members of the defendant.

B. Of the 1 Defendant’s 788 members, some of the Defendant’s 788 members demanded the Defendant’s former president of the partnership to convene an extraordinary general meeting with the intent to appoint an association’s executives or modify the association’s articles of association, but K did not call an extraordinary general meeting. However, K filed an application for permission to convene an extraordinary general meeting with this Court 2014 non-conforming18, and this Court grants permission to convene an extraordinary general meeting with the intent to appoint an association’s executives and modify the association’s articles of association as the president of the extraordinary general meeting.

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(2) However, as seen above, all of the applicants for permission to convene an extraordinary general meeting are 302 persons, and 43 of them are co-owners of shares in the land in the Defendant improvement zone, but they were not designated as representative partners, and thus, they did not perform legal acts as partners, such as proposing amendment of articles of incorporation, pursuant to Article 9(4) of the Defendant’s Articles of Incorporation as follows.

C. 1 L is referred to as “the first extraordinary general meeting” of which the amendment of the articles of incorporation was an agenda at around 17:00 on October 12, 2014 according to the decision to permit the convening of the instant extraordinary meeting.

(1) At the time of convening the Articles of Incorporation, the provisions relating to this case in the Articles of Incorporation of the Defendant are as follows: [In order to amend the Articles of Incorporation of Article 8, at least 1/3 of its members or representatives, at least 2/3 of its members or of its president shall be proposed:

(2) The articles of incorporation under paragraph (1).

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