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(영문) 수원지방법원 2018.11.27 2018가합10596
총회결의 무효확인 청구의 소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant is a regional housing association that was established and authorized for the purpose of implementing housing projects in the E Group on February 17, 2015, and the Plaintiffs are those registered in the Defendant’s list of members.

B. On June 19, 2016, the Defendant, as indicated in the separate sheet, held an extraordinary general meeting and passed a resolution on the selection of the Defendant’s Intervenor as the Defendant’s partnership head (hereinafter “the first resolution”). C. The Plaintiffs filed an application for a provisional disposition to suspend the performance of duties against the Defendant’s Intervenor, and the first instance court (Seoul High Court 2016Kahap10205) decided on May 4, 2017 (Seoul High Court 2016Ra21300), but the appellate court (Seoul High Court 2016Da21300) decided on May 4, 2017. The lower court subsequently rendered a decision to appoint F as the Defendant’s temporary partnership head (Usu District Court 2017Mo1016), which was held as the Defendant’s convening the F on September 24, 2017, at the general meeting of the Defendant, and the Defendant’s Intervenor was elected as the Defendant’s partnership head (hereinafter “the second resolution”).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 3 and 6 (including branch numbers), the purport of the whole pleadings

2. The first resolution that the Defendant’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor was elected as the president of the partnership is null and void. Even if the second resolution, the Defendant’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor’

Even if there is a benefit to confirm the invalidity of the first resolution, and seek confirmation of invalidity.

In other words, the defendant joining the defendant, elected by the first resolution that was null and void, held an extraordinary general meeting on July 24, 2016, and expelled the plaintiffs in accordance with the amended association regulations so that the requirements for expulsion of union members can be mitigated. On April 9, 2017, the defendant held an extraordinary general meeting and ratified the expulsion of the plaintiffs. The defendant's defendant's member status was confirmed as invalid by the first resolution.

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