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(영문) 서울북부지방법원 2016.05.19 2014가합22448 (1)
총회결의무효확인 등
Text

1. The resolution of the general meeting by the Defendant B Housing Redevelopment Project Association on the agenda in the attached list No. 1 is invalid.

Reasons

1. Facts of recognition;

A. The relationship between the parties (1) Defendant B Housing Redevelopment and Improvement Project Association (hereinafter “Defendant B Housing Redevelopment and Improvement Project Association”, “Defendant Association”) is the Housing Redevelopment and Improvement Project Association established on October 17, 2007 with the approval of the head of Seongbuk-gu Office for redevelopment of 383 lots of land, F, Seongbuk-gu Seoul, and 31,252.9 square meters.

(2) At the time of the establishment of the Defendant Union, the Plaintiff was appointed as the head of the association and worked as the head of the association. Defendant C and D are the members of the Defendant Union.

B. Around April 4, 2014, Defendant C, D, and 53 others issued a notice of convening an extraordinary general meeting to the effect that the Plaintiff, directors, G, H, I, J, K, and auditors, the president of the Defendant Union, who are the president of the Defendant Union, hold an extraordinary general meeting for the dismissal of Lone who was an auditor, in the Seongbuk-gu Seoul Metropolitan Government M&D party, pursuant to Article 23(4) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

(2) Defendant C and D adopted a resolution on the instant dismissal resolution (hereinafter “instant dismissal resolution”) with the content of dismissing the executives of the Defendant Union including the Plaintiff at an extraordinary general meeting held E in accordance with the above convocation notice (hereinafter “instant general meeting”).

(3) Meanwhile, the number of voting rights of the Defendant Union is 243. According to the Defendant Union’s meeting attendance list, 118 persons who submitted a written resolution were 118 persons, and 5 persons who attended without a written resolution.

(c) The main contents of the relevant provisions and the articles of association of the defendant association / Article 23 of the Urban Improvement Act (Disqualifications for and dismissal of partnership officers) (4) the dismissal of partnership officers may be conducted at the general meeting convened at least 1/10 of partnership members at the proposal of at least 24, with the attendance of a majority of union members

In such cases, a person elected as the representative of the proposing person shall act for the head of the association in convening and proceeding the dismissal general meeting.

Article 22 (Method of Resolution by General Meeting) (1) The General Meeting of the Defendant Association shall be specially stipulated in the Act and its articles of incorporation.

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