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(영문) 대구지방법원 2019.09.19 2019가합202010
임시총회결의부존재확인
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The parties concerned are the cooperatives established pursuant to the D Act for the purpose of promoting the sound development of the photographic and printing industry for C and promoting the promotion of mutual welfare among the union members with the aim of promoting the smooth operation of the cooperative business in Daegu Metropolitan City. The plaintiff is the defendant's member who was in the position of president.

B. Around November 19, 2018, Defendant E sent out a content-certified mail demanding the convocation of an extraordinary general meeting on behalf of the Plaintiff, the president of the Plaintiff, as a result of the improvement of executive officers and the audit of civil petitions by F organizations, and reached the Defendant. Meanwhile, on December 3, 2018, E, including members G, sent a written request for convening an extraordinary general meeting signed or sealed by 22 members from November 7, 2018 to December 3, 2018, the Plaintiff sent a written request for convening an extraordinary general meeting on behalf of 37 members, and around November 18, 2019, the Plaintiff sent the written public notice to convene an extraordinary general meeting on behalf of 37 members, and around 00, 203 members, including 57 members of the meeting room in the Dong-gu, Daegu-gu, Daegu-gu, to remove the Plaintiff from office, including 3 members of the board of directors, and 4 members of the Association from office.

(hereinafter “First General Meeting of this case”) C.

The second general meeting E reported dissolution to Daegu Metropolitan City in accordance with the above resolution of dissolution. However, on January 18, 2019, the Daegu Metropolitan City rejected the report of dissolution of the association by the first general meeting of this case on the ground that "a general meeting may make a resolution only on the matters notified in advance to each member, but it violated Article 48 (3) of the DDR by making a resolution on dissolution of the association which did not notify in advance." While E filed an application for correction of the documents, etc. to rectify them, E was returned for the same reason as January 23, 2019.

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