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(영문) 울산지방법원 2019.11.27 2018가합27115
조합장지위부존재확인
Text

1. Ascertainment that the Y is not in the position of president of the defendant cooperative;

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

Reasons

1. Basic facts

A. The Defendant Union is a regional housing association established for the purpose of constructing a collective housing in the area of the Z of Ulsan-gun, Ulsan-gun, and the Plaintiffs are the members of the Defendant Union.

B. The Defendant Union entered into an agency contract with AA (hereinafter “A”) and carried out the construction project of the above multi-family housing. The president of the Defendant Union and the representative director of the AA are Y and the AB.

C. Meanwhile, the above Y was the representative director of AC Co., Ltd. (hereinafter “AC”), and AC is an agent of AD Association (hereinafter “AD Association”) whose representative director is in charge of the president of the Association (hereinafter “AC”).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, 7, 22, 26 (including additional evidence) and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiffs' assertion 1) The head of the defendant association as the representative director of the non-party association; the head of the non-party association as the representative director of the non-party association; and the head of the non-party association as the representative director of the agency of the defendant association; and the Y and AB are in charge of the representative of the agency of the mutual association. Furthermore, the above two companies are the same as the head office, and there is considerable room to regard the same company as the same in fact as the same company, such as the same person as an executive. This is because the head of the defendant association has become the representative director of each other in order to avoid under the Housing Act and the articles of association of the defendant association, and Y is not qualified as the representative of the defendant association, because the above Y is not a representative of the defendant association.

3. The election of the above Y is made by the resolution of the inaugural general meeting. The written resolution at the time of the inaugural general meeting is submitted from the members before the convocation of the general meeting is announced or notified, and it is not effective, and the written resolution is excluded from the written resolution shall not be made at the time of the inaugural general

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