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(영문) 서울북부지방법원 2020.02.06 2019가합20362
임시총회결의무효확인
Text

1. The representative liquidator C, D, liquidator E, F, G, H, I, J, K, auditor at an extraordinary general meeting of the Defendant Union on December 15, 2018.

Reasons

1. The association shall make a resolution for dissolution by convening a general meeting or a council of delegates within one year from the date the completion of the establishment of the foundation is authorized, after completing the registration for relocation, public announcement, and the registration for the buildings, etc.;

(2) An executive officer at the time of resolution for dissolution shall become liquidator when a partnership resolves dissolution.

(3) The relevant provisions of the Civil Act shall apply to matters necessary for the liquidation of a union, the collection of claims, the repayment of obligations, etc. where such union is dissolved.

A. The Defendant Cooperative is a cooperative established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents for the purpose of implementing a housing redevelopment improvement project by making lots of Ma, N,O, and P 219 in the Gangseo-gu Seoul Metropolitan Government as a project implementation district. On December 28, 2017, the board of representatives passes a resolution for dissolution pursuant to Article 61(1) of the articles of association of the cooperative and implements liquidation procedures. The Plaintiff is a representative liquidator from March 10, 2016 to December 15, 2018 as the members of the Defendant Cooperative.

B. On October 27, 2018, the Defendant Union made a resolution to dismiss the Plaintiff from office of each auditor, the representative liquidator, Qu, R, S, and T, each liquidator, U, and V, at an extraordinary general meeting.

On December 15, 2018, at each extraordinary meeting of the Defendant Union (hereinafter “instant general meeting”), each representative liquidator, E,J, G, H, F, I, W, and L were resolved to appoint each liquidator, K, and L as each auditor.

(hereinafter “instant resolution”). / [Grounds for recognition] Gap’s 1, 3, and Eul’s 1, 2, and 7, each entry, and the purport of the entire pleadings

2. The Defendant Union’s assertion on the defense prior to the merits is not sufficient to recover the status of the representative liquidator who is ultimately the object of the Plaintiff’s lawsuit, on the ground that the Plaintiff’s claim seeking confirmation of invalidity of the resolution of this case, which is not the resolution of October 27, 2018, which is not the resolution of October 27, 2018. Therefore, the instant

The plaintiff is the only one.

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