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(영문) 대구고등법원 2018.02.09 2017나354
임시총회결의 무효확인의소
Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. The total costs of the lawsuit shall be borne individually by each party.

purport.

Reasons

1. Basic facts

A. The Defendant is a non-corporate association consisting of residents residing in A for the development of the “A” (hereinafter “A”).

The plaintiffs are the defendant's members.

B. Of the Defendant’s members, 57 (including B) was decided by the court on July 3, 2015 to authorize the convening of an extraordinary general meeting of the Defendant Dong-dong Council for the election of this Chapter, the representative of the Defendant Dong-dong Council (A).

(Seoul District Court Order 2015 non-conforming3 dated July 3, 2015, Evidence B No. 5).

B On July 21, 2015, on the name of the chairperson of A emergency countermeasures, sent a notice to 84 of the Defendant’s members, stating that “The Defendant Dong Residential Council shall hold an extraordinary general meeting on July 26, 2015 according to the court’s decision to permit the convening of an extraordinary general meeting.” D.

At a special general meeting held on July 26, 2015 (hereinafter referred to as the "first general meeting"), the defendant's 50 members (including those members who submitted a delegation letter) with the consent of all the participants present at the meeting, ① the election commission chairperson (N) and the members (AO and AP) to be in charge of the election for this Chapter, and ② the defendant made a resolution to publish the election for this Chapter within two weeks and to obtain the registration of the candidate.

E. On July 28, 2015, the Chairperson of the Election Commission (the Chairperson of the Election Commission) published the election for the head of the Dong-dong Assembly as follows:

(1) Qualifications for registration: Resident A (2): From August 8, 2015 to August 8, 2015

(3) Place for registration: The election commission of this Dong:

F. On August 11, 2015, the Defendant decided to select B as a sole candidate at the extraordinary general meeting (hereinafter “the second general meeting”) held on August 11, 2015, with the consent of all the participants present at the meeting of 52 from among the Defendant’s members, and with the consent of all the participants present at the meeting of 52.

G. On September 1, 2015, the Republic of Korea shall appoint B as the principal of the Republic of Korea on September 1, 2015.

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