[1] In applying for registration of change of a corporation by the Housing Improvement Development Cooperative, whether the minutes and the certificate prepared in accordance with Article 66-2 of the Notary Public Act shall be submitted to the registry official (affirmative)

[2] Where a general meeting is held in violation of the provisional disposition prohibiting the holding of an extraordinary general meeting, the processing of an application for registration of change of corporation according to the resolution of the general meeting (Dismissal)

[1] Article 66-2 of the Notary Public Act provides that where a corporation registers, the minutes of a general meeting, etc. shall be authenticated by a notary public, and the notary public who certifies them shall attend the place of resolution made by the corporation concerned and examine the procedure and contents of the resolution, or shall hear from the person above a quorum necessary for the resolution from among those who made the resolution concerned or their agents about whether the contents of the minutes conform to the truth, and shall have the client confirm the signatures or seals of the minutes before the notary public, and then confirm that the contents of the minutes conform to the procedure and contents of the resolution made by the general meeting, etc., by entering the facts in his presence. Thus, in order for the housing renovation redevelopment association recognized as a corporation pursuant to Article 13(1) of the Urban Redevelopment Act to file an application for registration of change with a new officer, a notary public shall submit to the registrar a notarized document prepared pursuant to Article 66-2

[2] If the court rendered a provisional disposition prohibiting the holding of an extraordinary general meeting, it is reasonable to see that the resolution of the extraordinary general meeting held in violation of the provisional disposition is null and void, and therefore, the registrar shall reject the application for the registration of change of the corporation, and even if the resolution of the extraordinary general meeting held in violation of the above provisional disposition order is not null and void but is merely a ground for cancellation, the registrar shall dismiss the registration in cases where there is any ground for cancellation of the matters to be registered under Articles 159 subparagraph 10 and 66 (1) of the Non-Contentious Case Litigation Procedure Act. Thus, an application for registration of change of the corporation based on the resolution of the extraordinary general meeting held in violation of the above

[1] Article 13(1) of the Urban Redevelopment Act, Article 66-2 of the Notary Public Act / [2] Articles 66(1) and 159 of the Non-Contentious Case Litigation Procedure Act

Jeon Jae-chul et al. (Attorney Cho Jae-sik, Counsel for the plaintiff-appellant)

This court's Dobong registry office, etc. shall cancel the registration of each appointment of the head of the association, the head of the association, the head of the directors' association, the head of the director's relocation, the head of the director's relocation, the head of the director's relocation, the head of the director's relocation, the head of the director's appointment, the head of the office's appointment, the head of the auditor's office, and the auditor's office, and shall cancel the registration of each appointment of the president of the association, the head of the association, the senior director's relocation, the head of the director's resignation, the director's resignation, the director's title, the second director's title, and the auditor's appointment. The above company's application for the registration of change is dismissed

The same shall apply to the order.

1. Facts recognized as recorded;

According to the records of this case, the following facts are recognized.

(a)The applicant's relocation is a person registered in the register of the union as the head of the association of the American Housing Improvement Redevelopment Association of Zone I (hereinafter referred to as the "Association of this case"), Zone I (hereinafter referred to as the "EM"), and the applicant's relocation is a person registered as a director of the union of this case, who has been dismissed from the head of the association and the director at the request of the modification registration of the order;

(b)The non-applicant conciliation division and 414 other than the Applicant Jae-in, the president of the instant association, requested the re-appellant, who had been the head of the instant association, to convene an extraordinary general meeting for the purpose of dealing with the non-Confidence and the election agenda for the officers of the association, but the instant association was negligent in doing so, the instant association, which received an application for permission to convene an extraordinary general meeting in accordance with the articles of association of the said association on July 26, 2002, and permitted the convening of an extraordinary general meeting for the purpose of the said agenda to be "the composition, etc., of this Court"

C.Article 18(1) of the Articles of the Union of this case provides that the resolution of the Assembly shall be made with the attendance of the majority of the union members and with the concurrent vote of the majority of the union members present. Article 18(6) provides that when a meeting cannot be convened due to lack of gender, the meeting shall be re-called, and in the case of re-call, the resolution shall be made with the attendance of at least 1/3 of the union members and with the concurrent vote of at least 2/3 of the union members present. Article 19(1) of the above Articles of the Union provides that the minutes shall be prepared with respect to the proceedings of the Assembly. Article 18(2) provides that the minutes shall be signed and sealed by the chairperson and the directors present at the meeting. Article

(d)The minutes of the special meeting of the instant association dated September 15, 2002 indicate that only 418 persons among the total members shall attend the meeting of 2,070 persons, among the total members of the instant association, and on September 28, 2002, the minutes of the special meeting of 2,070 persons shall consist of 697 persons among the total members shall be present, and 697 persons among the total members shall be the chairperson of the instant association, and a non-Confidence resolution shall be adopted for the existing officers, including the applicants, and a new officer shall be elected, such as the selection of the composition as a new head of the association, and on this basis, an application for registration

E. At the time of filing an application for registration, the instant association submitted to the registry official the minutes of the extraordinary general meeting as of September 15, 2002, the minutes of the extraordinary general meeting as of September 28, 2002, the copy of the articles of incorporation, the written consent to the appointment, and the copies of the decision to permit the convening of the extraordinary general meeting as of September 15, 2002, which was authenticated by the attorney-at-law in charge of the notary law office as of September 15, 2002, to which the above minutes of the minutes of the extraordinary general meeting as of September 15, 2002 were written by the notary public as of September 15, 202. The above minutes of the minutes of the notarial office as of September 15, 2002, written by the attorney-at-law in charge of the notary law office as the head of the existing association, without affixing the seals of the applicant for the notarial deed, and the contents of the above minutes of the notarial office are consistent with the above notarial office minutes of the notarial.

F. This Court rendered a provisional disposition on September 27, 2002 that prohibits the holding of an extraordinary general meeting as of September 28, 2002 by this Court No. 2002Kahap977.

(g)On the other hand, on September 28, 2002, the above composition, etc. held an extraordinary general meeting of the members of the instant association in violation of the above provisional disposition, and made a decision at the Assembly that the applicant is appointed respectively as the president of the association, as the president of the association, as the president of the association, as the president of the association, as the president of the association, as the representative of the association, as the representative of the association, as the representative of the association, as the representative of the association, as the non-applicant, non-applicant-in-application-in-application-in-application-in-application, Lee Jong-in, Lee Jong-in, Lee Jong-in, Park Jong-in,

2. Determination:

The association of this case is acknowledged as a juristic person pursuant to Article 13(1) of the Urban Redevelopment Act, and Article 66-2 of the Notary Public Act provides that the minutes of the general meeting, etc. shall be authenticated by a notary public if the juristic person registers the juristic person, and the notary public who certifies them shall attend the place of the resolution of the juristic person concerned and examine the procedure and contents of the resolution from among those who made the resolution, or those who are more than a quorum necessary for the resolution from among those who made the resolution, or their agents, shall hear from the clients about whether the contents of the minutes conform to the truth, and shall make the clients confirm the signatures or seals of the minutes before the notary public, and shall state the facts and confirm that the contents of the minutes conform to the procedure and contents of the resolution of the general meeting, etc. are consistent with the truth. Thus, the association of this case, which is a juristic person, shall submit the registration public official for filing an application for the registration of the change of a new officer, and the facts that the special general meeting was lawfully held on September 28, 2002, 202, and the new general general meeting and the minutes and the directors and the minutes as mentioned.

However, according to the above facts, the minutes of Sep. 15, 2002 include not only the name and seal of the applicant, etc. who is the president of the existing association, but also the fact that the procedure and contents of the above resolution of the extraordinary general meeting pursuant to Article 6-2 of the Notary Public Act are consistent with the truth. The minutes of Sep. 28, 2002 contain statements from 10 newly elected officers, including the composition, that the contents of the above resolution of the extraordinary general meeting are consistent with the truth. However, according to the above provisions of Article 66-2 of the Notary Public Act, the above 200 minutes of the above 9 minutes of the 20 minutes of the 20 minutes of the 20 minutes of the 20 minutes of the 20 minutes of the 20 minutes of the 20 minutes of the 20 minutes of the 20 minutes of the 20 minutes of the above provisional general meeting, and the above 20-6 minutes of the 20-130 minutes of the 20-6 minutes of the 270 minutes of the 30 or more.

3. Conclusion

Thus, the petitioner's application of this case is reasonable, and it is so decided as per Disposition.

Judges Hong Yong-il