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(영문) 서울중앙지방법원 2015.09.17 2015가합502287
임시총회결의 무효확인
Text

1. On December 9, 2014, the Defendant held at an extraordinary general meeting held by Seocho-gu Seoul Metropolitan Government D Prize at an education center of the first floor E branch on the underground level.

Reasons

1. Basic facts

A. The Defendant is a reconstruction maintenance project association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for a reconstruction project of Seocho-gu Seoul Metropolitan Government, and obtained authorization for the establishment from the head of Seocho-gu on October 10, 2013.

(hereinafter referred to as “Defendant Association”). (b)

On May 29, 2014, the Defendant Union held an extraordinary general meeting to dismiss F, which had been the head of the existing association, and passed a resolution to appoint the Plaintiff as the head of the new association by again opening an extraordinary general meeting on July 31, 2014.

C. The Defendant Union has 179 members, among the above members, proposed that the Defendant Union dismissed the Plaintiff from office in the president of the Defendant Union on November 2014, 2014.

The Intervenor joining the Defendant, as the representative of the proposing person, held an extraordinary meeting on November 18, 2014 pursuant to Article 23(4) of the Act on the Maintenance of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Areas and Dwelling Conditions for Residents”) and held an extraordinary meeting on December 9, 2014 at the education center of the first floor Ecom Association of Seocho-gu, Seoul, 19:00, for the purpose of the meeting. D. The Defendant held an extraordinary meeting and announced the convocation of the meeting.

The Intervenor joining the Defendant, on February 9, 2014, held an extraordinary general meeting (hereinafter “instant extraordinary meeting”) at the education officer of the Edial Association on February 19, 2014 in accordance with the foregoing public notice, and at the instant extraordinary meeting, a resolution to dismiss the Plaintiff from the partnership’s office was adopted.

(hereinafter “instant resolution of dismissal”) E.

The minutes of the instant extraordinary general meeting include “153 members of the total number of members present, and 85 members who agreed to dismiss (i.e., 82 members who directly attended the written resolution).” 68 opposing members (i.e., 65 members who directly attended the written resolution), and (ii) meeting the quorum.”

F. Relevant provisions and the articles of association of the defendant association below "the articles of association of this case" are the articles of association of this case

The main contents of the Act are as follows. Article 23 (Disqualifications and Dismissals of Partnership’s Officers) of the Act on the Maintenance of Urban Areas (hereinafter “Urban Maintenance Act”).

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