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(영문) 서울중앙지방법원 2019.05.16 2018가합530115
총회결의무효확인
Text

1. The Defendant confirms that each resolution listed in the separate sheet in the separate sheet prepared by the special general meeting on January 23, 2018 is null and void.

2...

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1, 2, and 15:

The defendant is a reconstruction improvement project association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Act") for reconstruction improvement projects in Gangnam-gu I.

Plaintiff

A was the president of the Defendant’s partnership and the rest of the Plaintiffs.

B. On January 8, 2018, the Defendant J, as the representative of the proposing party with the consent of nine members, announced the convening of an extraordinary general meeting on the same agenda as the attached list as the subject matter stated in the attached list, and passed a resolution on each agenda listed in the attached list (hereinafter “instant general meeting”) by holding an extraordinary general meeting on the 23th of the same month.

(hereinafter “each of the instant resolutions”) C.

Article 18(3) of the Defendant’s Articles of incorporation provides, “Dismissal of an executive officer may be made at a general meeting convened by at least 1/10 of the members of the Association with attendance of a majority of the members present and with the consent of a majority of the members present, notwithstanding Article 24 of the Urban Improvement Act, and in such cases, a person elected by the representative of the proposing may act as the president of

2. Determination as to the cause of the claim. The defendant's union members at the general meeting of this case were 88 persons, and 44 of them were present at the general meeting of this case can be acknowledged by adding the whole purport of the pleadings to the evidence mentioned above, Gap's evidence Nos. 4, 14, 16, and evidence No. 12-1, and 12-2. According to the above facts of recognition, each of the resolutions of this case is clearly null and void in the calculation that each of the above resolutions was made in the absence of a majority of union members (45 persons). The defendant's interest in confirmation is disputed.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiffs' claim of this case is reasonable.

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