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(영문) 부산고등법원 2020.02.06 2019나52761
총회결의무효확인
Text

1. The part of the judgment of the court of first instance against the Plaintiff regarding the agenda item No. 13 shall be revoked.

Reasons

1. Facts of recognition;

A. The Defendant is a cooperative established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents on February 27, 2018 for the purpose of a housing redevelopment project on the ground of the land level of 3,517 parcel outside Busan Young-gu, Busan, and the Plaintiff is a member of the

B. On January 2, 2018, prior to the opening of the instant general meeting, the Defendant notified and announced the date and place of the instant general meeting and the agenda items on the attached list, including each of the instant items, and distributed in advance the book items of the general meeting that contain the contents of the Defendant’s Articles of Incorporation and the Election Management Regulations.

C. On December 26, 2017, the instant general assembly completed the registration of candidate on January 3, 2018, following the procedures for notification of candidate as a representative candidate, D, E, F, G, and H as a candidate for each director, I, and J as a candidate for each auditor, and 118 members as a candidate for each auditor.

On January 27, 2018, the defendant held the general meeting of this case, presented the cases of approval of business regulations (including the draft articles of incorporation) including the draft articles of incorporation and the election management regulations as the agenda item 2, and passed the resolution to the original meeting of 1,429 from among 1,512 participants (including documents), 22 opposing members, and 61 persons with the right of invalidation from among 1,512 members as the result of a secret voting by the union members, and then notified the members of the case of election of directors, auditors, and representatives as the agenda items 11 to 13, and then elected 6 members, 2 auditors, and 118 representatives without voting based on Article 34(5) of the Election Management Regulations.

The parts related to this case in the Articles of incorporation and election management regulations of the defendant are as follows:

Article 15 (Executives) (1) of the Defendant’s Articles of Incorporation shall have the following executives:

1. President of partnership: One person;

2. Directors: Six persons (including the vice president of the association, two full-time directors and four full-time directors); and

3. Auditor: 2. The officers of the partnership shall be present at the general meeting at the meeting of two members and shall be present at the meeting for not less than one year within the project implementation rule as of the date of withdrawal from the meeting, in the order of persons who have made a majority of the members present at the meeting.

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