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(영문) 수원지방법원 안산지원 2018.12.06 2017가합10708
소유권말소등기
Text

1. All of the plaintiffs' claims are dismissed.

2. Of the litigation costs, Plaintiff A and Defendant D, F, G, H.

Reasons

1. Basic facts

A. The Jtel association and the Jtel association in the status of the plaintiffs (hereinafter referred to as the “instant association”) are the associations established for the purpose of newly constructing and selling commercial buildings by selling commercial lots as commercial lots in relation to the Kdong Housing Site Development Project in the public development project in the Silung-si in the Silung-si in the Silung-si.

B. A resolution to elect executives of the instant association and a resolution to dismiss Plaintiff A (Plaintiff) at the general meeting of the Jtel association held on May 22, 2011, which was held on June 20, 2010, was made consecutively by L, directors M, B (Plaintiff), Plaintiff (Plaintiff), and C (Plaintiff) at the general meeting of the Jtel association held on May 22, 2011.

In addition to the above directors on June 20, 2010, N orO was appointed at the general meeting of the association of this case as a director, but there was no resolution of reappointment for the above persons.

The “resolution” corresponding to the minutes prepared by the board of directors of the instant association on March 16, 2012, is indicated as the “executive meeting,” but it is reasonable to deem that the said meeting falls under the board of directors as stipulated in the instant principal’s articles of incorporation, notwithstanding the title of the meeting, since it is confirmed that the president of the instant association and the director B (general director), A, C, and M were present.

L has resigned from the position of the president of the partnership.

The board of directors decided to appoint Plaintiff A as an acting director for the president of the partnership with the consent of L, M, Plaintiff B, C, and A, who had worked as a director of the partnership at the time of the above board of directors, following L, M, C, and A’s resignation.

C. On July 5, 2012, the Plaintiff, on behalf of the instant association, changed the name of Defendant D Co., Ltd. (P on March 23, 2017) from the name of “stock company” to “D” on behalf of the instant association, to a sales contract and ownership transfer registration 1) on each real estate listed in the attached list.

(c).

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