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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant’s board of directors refers to the case of land separation from the association No. 1 B on December 8, 2017; separation by the association of total expenditures No. 2; separation by the association of total expenditures No. 3; the selection by the association of construction works; the agreement of proxy (trust company); and the case of the selection by the agent of No. 5; hereinafter “the special meeting of December 17, 2017”; and hereinafter “the instant special meeting”.
On December 8, 2017, the Defendant issued a notice of convening the special meeting of this case to its members.
The details of a notice on agenda items 5 shall be as follows:
5 Agenda: Case of selecting an agent;
2. Matters proposed: A company agent prescribed in the Housing Act for the smooth promotion of the partnership's business. In order to promote the partnership's business, a company name, the general sale of major projects, the regional housing association, the sales agency's agency's expenses, and 1.6 billion won (excluding VT)/from the execution date of the contract to the completion date of the partnership's general meeting for liquidation from the execution date of the agent's business that has no additional amount.
3. Grounds: Rule of the B Housing Association No. 23 (1) 9 (the selection and change of an agent and the conclusion of an agent title).
B. On December 17, 2017, the Defendant held an extraordinary general meeting (hereinafter “instant extraordinary general meeting”), and 82 of all 164 members (38 members of the written resolution and 44 members present at the site) attended the meeting to make a resolution with the consent of at least a majority of the members present on each agenda.
(In the case of the agenda items No. 5, the Plaintiff filed a lawsuit seeking nullification of the agenda items No. 1 through 4. However, the part of the agenda items No. 1, 2, and 3 was withdrawn with the Defendant’s consent on July 18, 2018, and was withdrawn with respect to the agenda items No. 4 on November 21, 2018 with the Defendant’s consent on July 21, 2018.
C. On October 6, 2018, the Defendant’s board of directors held on October 21, 2018 pertaining to “re-building of agent (Korean Han-do)”, etc. on the agenda No. 11.