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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant is an organization established for the purpose of allocating profits to the members of the Plaintiff after having purchased approximately 16.5 square meters (5 square meters) of commercial land per capita as part of living measures to farmers who run a farming self-employed business in the Songpa-gu Seoul E zone while implementing an urban development project in the zone of Songpa-gu.
On December 14, 2013, the Plaintiff was appointed as the president of the partnership at its inaugural general meeting of the Defendant and was in office as the president of the partnership.
B. The Defendant’s 76 members filed an application with the Seoul East Eastern District Court for permission to convene an extraordinary general meeting with the purpose of meeting “an amendment of the articles of association (establishment), dismissal and election of the president of the association, changes in officers, audits, etc., and other items to be immediately presented at the general meeting” as Seoul Eastern District Court 2017Bhap10. The said court rendered a decision to grant permission on July 14, 20
C. The above B.
On September 2, 2017, the members of the instant special meeting held the special meeting (hereinafter “instant special meeting”), and at the above special meeting, a resolution was made to the effect that “the Defendant’s articles of incorporation was amended, the Plaintiff was dismissed from office as the head of the Defendant’s partnership; the Plaintiff was dismissed from office as the director; the Plaintiff, as the head of the Plaintiff, G, H, I, J, K, and L; the Plaintiff was appointed as the head of the partnership; the Plaintiff was elected as the vice partnership; the P, I, Q as the director; the Plaintiff was appointed as the auditor; and the Plaintiff was appointed as the auditor for the external audit (hereinafter “each resolution of this case”).
At the time of holding the special general meeting of this case, the defendant's members were 204.
The minutes (Evidence A No. 18) of the minutes of an extraordinary general meeting (Evidence A) prepared by the defendant are 54 persons directly present among the defendant's members, and 140 persons among the 86 persons who have submitted written written written written written consent were present, and the list (Evidence A 20) of persons who have attended the said extraordinary general meeting managed by the defendant includes 54 persons in total.
The name of the original fifty-six persons has been entered.