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(영문) 서울서부지방법원 2018.08.16 2018가합152
관리인지위부존재확인
Text

1. The instant lawsuit shall be dismissed.

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

On June 2, 2018, the Plaintiff in the Gu office was on June 2, 2018.

Reasons

Basic Facts

Under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the defendant is a redevelopment and consolidation project association aimed at improving urban and residential environments and improving the residential stability and quality of residential life of its members by removing buildings in the project implementation district (Seoul Metropolitan Area C) and constructing new buildings on the site.

(2) Around 2001, D acquired the ownership of Eunpyeong-gu, Seoul E-11 square meters (hereinafter “instant land”) and its ground buildings (hereinafter “instant building”) within the instant project implementation zone, and operated the store “Fmate” in the instant building, and is the Defendant’s member.

The plaintiff is the spouse of D.

On September 2, 2006, the Defendant’s inaugural general meeting B Housing Redevelopment Improvement Project Promotion Committee (hereinafter “Defendant’s Promotion Committee”) obtained approval for establishment from the head of Eunpyeong-gu Office on September 13, 2004.

On September 2, 2006, the Defendant Promotion Committee held an inaugural general meeting in the presence of 481 (including 276 written resolution) from among 652 owners of land, etc.

(hereinafter “Inaugural general meeting”). A resolution was made to appoint G as the head of the association with the consent of 344 members (including written resolution) present at the inaugural general meeting (hereinafter “Inaugural general meeting”) and with the consent of 336 members present at the meeting (including written resolution).

The articles of incorporation of the inaugural general meeting shall include the following provisions:

Article 15 (Executives) (1) A cooperative shall have the following executives:

1. President of an association;

2. Not more than six directors;

3. Not more than two auditors. (2) The executives of an association shall be appointed at a general meeting from among the following members as of the date of withdrawal with the attendance of the majority of members and the consent of the majority of members present

Provided, That if a vacancy occurs during the term of office, the board of representatives shall be appointed from among the members.

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