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(영문) 의정부지방법원 2019.12.11 2018가합57070
총회결의무효확인 등의 소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On September 14, 2015, the Defendant held an inaugural general meeting on September 14, 2015 for the purpose of the housing construction project of K-si in Namyang-si, and is a regional housing association which obtained authorization for the establishment on December 23, 2015, and was 173 members as of April 7, 2018.

B. L and 108 members, on January 24, 2018, were decided to permit L’s convening of an extraordinary general meeting on the following agenda in the case involving the permission for convening an extraordinary general meeting of Plaintiff B, the president of the partnership at the time.

The agenda referred to in subparagraph 1: The agenda referred to in subparagraph 2 for the dismissal of the head of an association and directors: The new president of an association and the agenda referred to in subparagraph 3 for the appointment of directors: The agenda referred to in subparagraph 4 for the termination of the contract of

C. L held an extraordinary general meeting on April 7, 2018 (hereinafter “instant extraordinary meeting”) following the instant court’s permission decision, following the public announcement of holding the extraordinary general meeting and the notification to its members.

C. L was the chairman of the instant special meeting and continued the general meeting.

Of the 173 incumbent members, 141 (including 106 written resolution) No. 1, B removal of the president of the association on the agenda No. 129, 8, 8, 8, 129, 8, 129, 8, 8, 129, 129, 129, 8, 113, 2, 113, 2, 113, 2, 102, 3, 4, 24, 3, 24, 3, 29, 3, 102, 3, 29, 3, 29, 3, 114, 15, 12, 124, and 15, 4, 4, 4, 4, 4, 4, 4, 4, 4, 4, 4, 4, 4, 4, 4, 12, and 15

D. The result of voting on the agenda referred to the extraordinary general meeting of this case is as follows.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5 through 7, Eul evidence Nos. 7, 12 through 16, the purport of the whole pleadings

2. The gist of the plaintiffs' assertion is the special general meeting of this case.

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