logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2021.02.18 2019가합50089
총회결의 무효 확인
Text

1. On September 28, 2019, the case of the Defendant’s election of the president, auditor, and promoters at the residents’ general meeting.

Reasons

1. Facts of recognition;

A. The defendant was approved on February 2, 2006 by the promotion committee that promotes the housing reconstruction improvement project by designating the project implementation zone in Busan-gu D (hereinafter "project implementation zone in this case") as the project implementation zone. The plaintiffs and E are the owners of the land, etc. in the above project zone.

B. The Defendant’s promotion chairperson resigned in January 2019 during his/her term of office, and the term of office of the auditor and the promotion commissioner expired in January 2019.

(c)

E, together with the owners of 67 land, filed an application with the head of the Gu for approval to hold a residents' general meeting on the "case of election of the chairperson, auditor, and promoters" with the head of the Gu, and obtained approval from the head of the Gu on July 15, 2019. On September 10, 2019, E announced the convocation of the residents' general meeting to elect the promoters (hereinafter referred to as the "general meeting of this case").

(d)

The Defendant held a residents’ general meeting on September 28, 2019, and 104 persons, among 306 owners of the entire land, who have agreed to the composition of the promotion committee, were attended and opened. The Defendant elected the promotion committee chairperson, the auditor, and the promotion committee (hereinafter “resolution”). E. The Defendant’s operating rules, the management rules for the establishment of the improvement project association (No. 2018-102 notice of the Ministry of Land, Transport and Maritime Affairs) and the provisions related to the instant case, such as the Urban and Residential Affairs Act, are as shown in the attached Form.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 4 (including various numbers; hereinafter the same shall apply), Eul evidence No. 1, the purport of the whole pleadings

2. The resolution of the residents' general meeting of this case, which elected the chairperson, auditor, and promoters of the defendant alleged by the plaintiff, has the following defects. The plaintiffs asserted that there was a defect in the electoral register for the reason that the list cannot be confirmed because they did not disclose the electoral list in E, in addition to the above argument.

arrow