대의원결의무효확인 등
1. All of the instant lawsuits are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. All members of the Defendant’s assertion as to the cause of the Plaintiff’s claim are 223 persons, and the number of legal representatives is 1/10 or more.
However, at the time of the meeting of the board of representatives of this case, the actual representative was about 19 persons, and a resolution made by the board of representatives falling short of the number of statutory representatives is null and void as the defect is serious.
In addition, there is no resolution of the board of representatives of this case.
(2) The court below held that the plaintiff's representative representative representative's representative's representative's representative's representative's representative's representative's representative's representative's representative's representative's representative's representative's representative's representative's representative's representative's representative's representative's representative's representative's representative's representative's representative's representative's representative's representative's representative's representative's representative
A. Even if the Defendant’s resolution of the board of representatives on February 26, 2016 was null and void, insofar as the Defendant held a general meeting on February 26, 2016 and made the same resolution on the same agenda as the instant board of representatives, seeking invalidation or non-existence of the resolution of the board of representatives does not have any interest in confirmation. Thus, the instant lawsuit is unlawful.
B. In full view of each of the statements in Gap evidence 1, Eul evidence 1, Eul evidence 2, 5, and 6, the defendant held a general meeting of the association on February 26, 2016 and proposed the nine items presented as the agenda items at the meeting of the council of this case as the agenda items 7 through 15, and acknowledged the fact that the resolution of the general meeting was adopted on each of the above items. Thus, even if the resolution of the board of representatives of this case is invalid or non-existence, barring any special circumstance such as that the resolution of the general meeting held thereafter is invalid or non-existence, seeking confirmation of invalidity of the resolution of the board of representatives of this case is merely seeking confirmation of legal relations or legal relationship in the past.