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Deals & Cases

Injunction to suspend the effect of a general meeting resolution

Real Estate Legal Consultation | The Association Members' Provisional Injunction to Suspend the Effect of a General Meeting Resolution Dismissed at the First Instance and on Appeal

This is a case of a client who, based on a real estate legal consultation, was able to obtain not only the dismissal of a provisional injunction to suspend the effect of a general meeting resolution, but also the dismissal of the subsequent appeal filed by an association member, thereby cutting off the legal dispute at its source.

CONTENTS
  • 1. The Client Who Requested a Real Estate Legal Consultation
    • - The Creditors' Argument
  • 2. Establishing a Rebuttal Strategy Through the Real Estate Legal Consultation
    • - Real Estate Lawyer's Argument 1 | Rebutting the Claim That the Proposal Requirements Were Not Met
    • - Real Estate Lawyer's Argument 2 | Rebutting the Claim of a Defect in the Notice Procedure
    • - Real Estate Lawyer's Argument 3 | Rebutting the Claim That the Deliberation Quorum Was Not Met
  • 3. Result of the Real Estate Legal Consultation Assistance: Dispute Concluded With a Decision Dismissing the Appeal
    • - What Is a Provisional Injunction to Suspend the Effect of a General Meeting?
    • - If You Need Assistance From a Real Estate Lawyer

1. The Client Who Requested a Real Estate Legal Consultation

Real estate legal consultation, application for an injunction to suspend a general meeting resolution dismissed, appeal, dispute

The client who requested a real estate legal consultation was the Redevelopment and Improvement Project Association of District A, and, following internal conflict within the association, was in a situation where an application for an injunction to suspend a general meeting resolution had been filed by members of the association (hereinafter the creditors) in relation to an extraordinary general meeting that had been held.


Because, if the injunction were granted, it could lead not only to a vacancy in the association's executive office but also to a halt in the redevelopment project as a whole, it was a critical situation, so the client sought from the early stage a real estate attorney with rich experience in redevelopment and reconstruction cases and proceeded with a legal consultation.


As a result, with the assistance of the real estate attorney, the application for an injunction to suspend the general meeting resolution was dismissed, but the creditors did not accept this and continued the dispute by filing an immediate appeal.

Accordingly, the client came to the real estate attorney once again and, while proceeding with a real estate legal consultation, received strategic assistance regarding a response to the appellate proceedings and, at the same time, practical legal measures that could normalize the operation of the association.

The Creditors' Argument

The creditor members raised the following arguments, asserting that the extraordinary general meeting in question had a serious procedural defect and that its effect could not be recognized.

1. Failure to meet the requirements for a motion

The argument that the consent of at least one-tenth of the members, required to convene the general meeting, was not lawfully secured, and that, with not even the list of proposers disclosed, the convening of the general meeting itself was procedurally unlawful

2. Defect in the notification procedure

The argument that some members were not lawfully notified of the holding of the general meeting, and that, with no postponement notice regarding the change in the general meeting schedule, the general meeting procedure as a whole was void

3. Failure to meet the quorum

The argument that the number of members who attended on the day of the general meeting or submitted written resolutions did not meet the quorum prescribed by the articles of association, so that the resolution itself could not be validly formed

2. Establishing a Rebuttal Strategy Through the Real Estate Legal Consultation

Real estate legal consultation: details of establishing a rebuttal strategy

The real estate attorney who conducted the real estate legal consultation proactively established a strategy for responding to the appellate review, and also examined approaches that could minimize the gap in the association's operations.

Real Estate Lawyer's Argument 1 | Rebutting the Claim That the Proposal Requirements Were Not Met

The creditor's side took issue with the legitimacy of convening the general meeting, arguing that a procedural illegality existed because the general meeting was convened without obtaining the consent of at least one-tenth of the association members and because the list of proposers was also not disclosed.

In response, the real estate attorney made clear that the general meeting in question was not convened on the proposal of some association members but was a general meeting convened under the lead of the association's executive body (an authorized person such as the association head or an acting officer) in accordance with the articles of association, and logically rebutted that the consent requirement of association members did not itself apply to the matter.

In addition, the attorney pointed out that disclosure of the list of proposers was not an obligation under the Urban Improvement Act or the articles of association, and emphasized that the creditor's side's argument was merely an expansive interpretation of the requirements without a legal basis.


The attorney also demonstrated, through specific materials, that the entire process of convening the general meeting was conducted lawfully in both form and substance in accordance with the relevant statutes and the articles of association.

Real Estate Lawyer's Argument 2 | Rebutting the Claim of a Defect in the Notice Procedure

The creditor's side argued that the entire general meeting procedure was unlawful, on the grounds that some association members were not notified of the holding of the general meeting and that no separate notice was given even though the schedule of the general meeting had changed.

In response, the real estate attorney, on the premise that notice of the holding of the general meeting had been sent to all association members by registered mail, systematically organized and submitted the postal service supporting materials confirming the sending records and recipient information.

The attorney also argued that even if some association members did not become aware of the content of the notice due to personal circumstances, this could not be viewed as a fault attributable to the association, and that this alone could not negate the validity of the general meeting procedure.

Real Estate Lawyer's Argument 3 | Rebutting the Claim That the Deliberation Quorum Was Not Met

The creditor's side argued that, because the number of association members present on the day of the general meeting and the number of those voting in writing fell short of the quorum for deliberation set by the articles of association, the resolution itself could not be validly established.

The real estate attorney comprehensively reviewed and calculated the number of attendees at the general meeting and the status of the written resolutions submitted, and proved through figures and materials that the quorum for deliberation required under the articles of association was sufficiently met.

In addition, the attorney also argued that the items resolved had been sufficiently notified in advance and that there had been no substantial restriction on the association members' exercise of their voting rights.

3. Result of the Real Estate Legal Consultation Assistance: Dispute Concluded With a Decision Dismissing the Appeal

As a result of the real estate legal consultation, the court dismissed the creditors' appeal and upheld the original decision.

The court once again did not accept the creditors' petition seeking suspension of the effect of the general meeting resolution, for the following reasons.

· It is difficult to find that there was a defect serious enough to suspend the effect of the general meeting resolution in the procedures for convening and resolving the association's general meeting

· The grounds for illegality asserted by the creditors were also not sufficiently substantiated

The client thereupon conveyed his gratitude, saying that through the real estate legal consultation he was able to accurately organize the issues in the case and establish a response strategy, and ultimately obtain the desired result.

What Is a Provisional Injunction to Suspend the Effect of a General Meeting?

An injunction to suspend a general meeting resolution is a civil preservative measure by which a person (a creditor) who claims that procedural or substantive grounds of illegality exist with respect to a resolution made at a general meeting applies to the court to temporarily suspend the effect of that resolution.

This is a system used to prevent, while the suit on the merits (a lawsuit for confirmation of the invalidity or for revocation of the general meeting resolution) is in progress, the occurrence of harm that would be difficult to recover if the general meeting resolution at issue were executed.

For the court to suspend the effect of a general meeting resolution, the member of the creditor side must sufficiently establish the following requirements.

1. That a material defect exists in the general meeting resolution

2. That, if the resolution is executed, there is a concern that irrecoverable harm will occur

If You Need Assistance From a Real Estate Lawyer

Issues such as the convocation of a general meeting, notice, calculation of a quorum, and the announcement of a postponement are areas that, in practice, involve detailed legal requirements, and the possibility of an unfavorable determination being made due to administrative errors within the association or a lack of materials cannot be ruled out.

Therefore, in order to clearly organize the association's position in such procedural disputes and respond in a way that can prove its legal legitimacy, the assistance of a real estate attorney who has handled many real estate cases is critical.

Daeryun LLC, with real estate attorneys who have handled many cases related to real estate and improvement projects, provides systematic real estate legal consultation on the full range of disputes that may arise during the redevelopment and reconstruction process.

▲ Review of procedures before holding a general meeting and advance diagnosis of risks

▲ Response to provisional injunctions related to the effect of a general meeting resolution

▲ Real estate legal consultation on the full range of improvement projects, including response to member disputes and advice on communication strategy

If you are experiencing difficulty in a situation such as the above, please promptly request a real estate legal consultation from a 🔗real estate attorney.

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This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
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