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(영문) 서울남부지방법원 2015.08.27 2015가합1544
총회결의무효확인등
Text

1. The plaintiffs' lawsuit against the defendant D is dismissed.

2. The plaintiffs' measures against the defendant CHousing Redevelopment Project Association.

Reasons

1. Facts of recognition;

A. Defendant C Housing Redevelopment and Improvement Project Association (hereinafter “Defendant Association”) is an association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) in order to implement a housing redevelopment improvement project on the ground of 17,952 square meters in Guro-gu Seoul Metropolitan Government.

The defendant union dissolved on February 27, 2015 by a resolution of the general meeting of dissolution.

B. Plaintiff A was the president of the Defendant Union, and Plaintiff B was the chairman of the Promotion Committee, who is a telegraphic director of the Defendant Union, the Plaintiffs are all the members of the Defendant Union.

C. On November 7, 2011, Defendant D issued a convocation notice to the effect that the general assembly of the Defendant Association (hereinafter “instant general assembly”) consisting of an agenda for the dismissal of executive officers of the Defendant Association, as shown in the attached list, is held at the senior citizens’ office in the management office of Guro-gu Seoul apartment (hereinafter “instant apartment”) (hereinafter “instant apartment”) on November 19:0 on November 22, 201.

Since then, on November 15, 201 and 15th of the same month, the Defendant Union requested the head of the management office and the council of occupants' representatives of the apartment of this case to grant approval for the use of the above elderly family. However, the head of the management office and the council of occupants' representatives denied the use of the above elderly family for the reason that it causes confusion or is likely to cause civil petitions on November 17, 201.

E. Accordingly, the Defendant Union: (a) changed the place and time at H 2 to H 17:00 located in G in Guro-gu Seoul Metropolitan Government, which was about 1.27km away from the instant apartment; (b) posted a notice for change of the place and time on the front of the pre-existing public notice of holding the general assembly; (c) posted a notice for change on the entrance, etc. of the apartment; and (d) posted a notice for change on November 17, 201.

F. The Defendant Union is the Defendant at the instant assembly held on November 22, 2011.

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