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(영문) 부산지방법원동부지원 2017.08.18 2016가합104875
임시총회결의 무효 확인의 소
Text

1. The Defendant confirms that each of the resolutions listed in the separate sheet stated in the separate sheet at the extraordinary general meeting of October 22, 2016 is invalid.

2...

Reasons

1. Facts of recognition;

A. The parties concerned are redevelopment and maintenance project cooperatives established on July 2, 2007 for the purpose of implementing housing redevelopment projects on 815 lots (total area of 135.040 square meters) located in Suwon-gu L and M under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, and the plaintiffs are the members of the defendant.

B. Article 15 of the Defendant’s Articles of Incorporation (hereinafter “instant Articles of Incorporation”) of the Defendant’s executives prior to the opening of the instant general assembly (hereinafter “instant Articles of Incorporation”) stipulates that the executives representing the association shall be appointed to smoothly implement a housing redevelopment project. As of October 21, 2016, the head of the Defendant’s association is Y, P, Q, R, R, T, U,V, W, X, and auditor: Y, Z, and AA.

C. As N is expected to hold an extraordinary general meeting on October 22, 2016 with respect to each item on the agenda listed in the separate sheet on October 6, 2016, N is entitled to exercise the right to vote. However, if it is impracticable to attend due to unavoidable circumstances, the voting right can be exercised through “written attending meetings and written resolution” and written attending meetings and written attending meetings and written resolution must arrive by no later than 5 p.m. on October 21, 2016, which is the day immediately preceding the date of the general meeting (hereinafter “instant convocation notice”).

2) However, the call notice of this case was accompanied by a ballot paper and an envelope for response to the head of the association, the head of the association, the head of the association, the head of the association, the director, the auditor, and the auditor, and the serial numbers that can specify the union members were stated in the letter, the letter, the letter, the resolution, the ballot paper, and the envelope for response.

Around 14:00 on October 22, 2016, the Defendant held an extraordinary general meeting at the AC School lecture located in Suwon-gu, Busan, as scheduled in the notice of convening the instant general meeting, and the members of the instant general meeting are present in writing among 870 members before the opening of the instant general meeting.

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