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1. The plaintiff (appointed party)'s claim is all dismissed.
2. The costs of lawsuit shall be borne by the plaintiff (appointed party).
Reasons
1. Basic facts
A. The Plaintiff (Appointed Party; hereinafter “Plaintiff”) and the designated parties are those who own each share of 6 or 10 square meters among 12,229.25 square meters in Jung-gu Incheon Metropolitan City, Jung-gu, and are the heads and directors of the Defendant’s associations. The Defendant is an association established by approximately 342 of the right holders of the land in order to promote the new construction and development of complex facilities, such as officetels and commercial buildings, on the ground of the above land around 2008.
B. Of the Defendant’s members, 186 persons, including D, etc., were to make a public announcement of convening an extraordinary general meeting on January 25, 2018, pursuant to the proviso to Article 17 subparag. 4 of the Defendant’s Articles of Incorporation, and sent a muster notice to each of the members on February 10, 2018, along with a written resolution for the union members who cannot attend the said extraordinary meeting. The key contents of the method of written resolution announced at the time are as follows.
6. Method of written resolution by union members who cannot attend a general meeting (by February 9, 2018).
(a) Postal service (not later than February 9, 2018) - - Indicating in a written resolution and sealing in an enclosed return envelope, the arrival of a written resolution by not later than 6 p.m. on February 9, 2018;
(b) Direct visit by an office of special general meetings (election commission until February 9, 2018), - putting in a sealed return envelope in a written resolution, and sealing it, by no later than 6 p.m. on February 9, 2018 (gold) after visiting the office of special general meetings;
C. On February 10, 2018, the Defendant held an extraordinary general meeting at the E branch, and held 201 incumbent union members present ( = 198 written resolution submitted by three on-site participants; hereinafter “instant written resolution”) among 329 incumbent union members, and held a written resolution submitted to the said extraordinary meeting (hereinafter “instant written resolution”). A resolution was passed to elect 10 persons, including the president of the partnership, the auditor G, and the director H, with the consent of 192 to 201 for each executive candidate.
On June 11, 2018, the Defendant issued a public notice of convening an extraordinary general meeting as of June 23, 2018 with respect to each item stated in the separate list No. 2 list, and each item above was resolved at the extraordinary general meeting on June 23, 2018.