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(영문) 광주지방법원 2019.07.18 2019가합51005
임원선임총회의결무효확인
Text

1. All of the plaintiffs' lawsuits against the defendant are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On June 16, 2008, the Defendant obtained authorization to establish an association from the head of the Dong-gu Gwangju Metropolitan City on the purpose of implementing the Housing Redevelopment Improvement Project (hereinafter “instant project”) on the land of Gwangju Dong-gu Q and 367.

B. On November 7, 2014, the Defendant passed a resolution to appoint P as the head of the Defendant’s partnership (hereinafter “instant resolution”) at an ordinary general meeting of shareholders (hereinafter “instant general meeting”).

C. The general assembly of this case passed a resolution on the amendment of the Defendant’s articles of incorporation, and the parts relating to this case in the articles of incorporation are as follows.

Article 9 (Qualification, etc. for Cooperative Members) (1) Members shall be the owners of land or buildings within the project implementation district or persons with superficies thereof (hereinafter referred to as "owners of land, etc.").

(2) The rights of ownership, superficies, etc. under paragraph (1) mean rights prescribed by the Civil Act.

However, in the case of a building without permission, only the existing building prescribed by the Gwangju Metropolitan City Ordinance on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Seoul Metropolitan City Ordinance") established pursuant to the Act shall be recognized as a member of the association,

(3) Where one household or the same person owns the ownership or superficies of two or more land or buildings, one person shall be considered as a member regardless of the number thereof.

(4) If the ownership and superficies of land or buildings belong to two or more persons, one member representing such persons shall be deemed to be the one member.

In such cases, the representative shall be designated as the representative member, and a written consent to the appointment of the representative member in attached Form shall be prepared and reported to the Cooperative, and the juristic act as a member shall be conducted by the representative member.

(5) Where the rights of a member are transferred due to transfer, inheritance, judgment, etc., the rights of the member shall be deemed changed to the person who acquired the rights.

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