logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원동부지원 2020.06.25 2019가합103736
임시총회 결의 무효확인의 소
Text

1. A resolution on each agenda listed in the separate sheet No. 1 attached hereto, made by the Defendant at an extraordinary general meeting on December 1, 2018, and on July 13, 2019.

Reasons

1. Facts of recognition;

A. The parties concerned are the Housing Redevelopment Improvement Project Association established to implement a housing redevelopment improvement project on the land of 51,305 square meters outside Busan-gu, Busan-gu, and 300 square meters, which was approved on September 17, 2008, and the plaintiff is the members of the defendant's association.

B. As of November 21, 2016, the Defendant, as of November 21, 2016, submitted a written resolution, 14 members directly present among 463 members, and 236 members present at the submission of a written resolution (189 members among them) as of November 21, 2016, and the remaining 47 members were directly present even after submitting a written resolution.

2) In the event of a total of 250 persons, the term “the previous special meeting” (hereinafter referred to as “the previous special meeting”).

(2) At the time of the issuance of a written resolution to the previous extraordinary general meeting of this case, 189 members of the association who were present as the president of the association, E, F, G, H, I, and K, respectively, shall be comprised of 123 persons by mail (182 persons by mail - 21 persons directly present - 38 persons directly present), 24 persons directly received (6 - 1 person directly present - 1 person directly present - 62 persons directly present), 32 persons receiving public relations personnel (72 persons receiving public relations personnel - 8 persons directly present).

3) The Defendant’s articles of incorporation and election management regulations at the time of the instant special general meeting are as follows: Article 15 (Executives (1) An association shall have the following officers:

1. One head of the partnership;

2. Five directors; and

3. Not more than two auditors. (2) The executives of an association shall be appointed at a general meeting from among the following members with the attendance of a majority of the members and the consent of a majority of the members present:

(3) The term of office of executives shall be two years from the date on which they are appointed, and they may be reappointed following a resolution at a general meeting

(5) An executive whose term expires shall perform his/her duties until his/her successor is selected and appointed.

Article 22 (Method of Resolution at General Meeting) (1) A general meeting shall be held with attendance of a majority of members, except as otherwise prescribed by the Act and this articles of incorporation.

arrow