logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2019.04.17 2018가합47819
총회결의무효확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant is a cooperative established on February 27, 2018 under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), and the Plaintiff is the Defendant’s member.

B. On January 27, 2018, the Defendant held the instant general meeting. The instant resolution was made to the effect that the Defendant’s six directors, two auditors, and 118 representatives were elected by free vote.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. The gist of the Plaintiff’s assertion argues that the instant resolution is null and void on the ground that: (a) the Defendant’s provision on the Defendant’s election commission’s resolution was null and void, but the Defendant elected directors, auditors, and representatives without voting pursuant to the above provision; and (b) restricting the number of candidates’ voting rights on the grounds that the number of candidates is equal to that of the representatives to be elected would infringe the Defendant’s voting rights.

3. In light of the following facts and circumstances acknowledged by comprehensively considering the evidence as mentioned above, Gap evidence No. 7 to 10, Eul evidence No. 1 to 3 (including each number) and the whole purport of the pleadings, it is insufficient to view that the statement of evidence No. 4 alone is null and void, and there is no other evidence to prove otherwise.

① On January 12, 2018, prior to the opening of the instant general meeting, the Defendant notified and announced the date and place of the instant general meeting and the agenda items on the attached list, including each of the instant agenda items, and produced and distributed in advance the book items of the general meeting that contain the details of the Defendant’s Articles of Incorporation and the Election Management Regulations.

(2) The case of approval of business regulations, including the articles of incorporation and the regulations on election management, at the general meeting of this case shall be the case of subparagraph 2.

arrow