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(영문) 부산지방법원 동부지원 2018.10.31 2017가합105653
임시총회결의무효확인의 소
Text

1. A resolution of approval for each item of agenda indicated in the separate sheet, which was held by the Defendant on August 13, 2017, shall be adopted.

Reasons

1. Basic facts

A. The relationship between the parties 1) V village is a village created for the self-reliance of X around 1961 in the Wridong-gun, Busan, Busan. The defendant is an unincorporated association organized by the residents of V in order to manage and increase the property of V village and contribute to improving the welfare of residents. The plaintiffs are the defendant's members. 2) The defendant is the defendant's member from November 10, 1980 to February 5, 2017, stating that the defendant's agreement on February 5, 2017, stating that the defendant's management and increase of the land outside YY, Busan, Busan, and 16 lots, other than 16 lots, in Busan, shall be managed and increased. However, as a result of the confirmation of the registered matters, the land owned by the defendant, which was presented as the material of the lawsuit in this case, is confirmed to be 13 lots.

ownership in the name of the defendant.

B. On October 11, 2015, the Defendant held a general meeting on October 11, 2015.

In order to sell the site owned by the Defendant (hereinafter referred to as “instant site”), the minutes include a statement that the consent of at least 80% of the members is required, and that no sale shall be made because the attendance rate falls short of the attendance rate.

C. On August 13, 2017, the Z was scheduled to hold an extraordinary general meeting on August 4, 2017 with the qualifications of the retired president L, as the agent of the business affairs of the head of the association. On August 4, 2017, the Defendant, including the Plaintiffs, was scheduled to hold an extraordinary general meeting on the second floor of the welfare center at August 13, 2017. The agenda was sent to the effect that “the confirmation of the resignation of the president of the association (L), “the cases of the president of the association and the appointment of officers,” and “the cases of the modification of the rules of the association.” (2) The Defendant held an extraordinary general meeting (hereinafter “instant general meeting”).

The minutes of the general meeting of this case include 35.5 shares among the 69 shares of all the defendant.

The defendant adopted a resolution that approves all the agenda items of the general assembly of this case with the consent of 35.5 shares.

The defendant holding the subsequent general meeting shall hold an extraordinary general meeting on September 16, 2017, and "sale of the site of this case".

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