조합원총회결의 부존재 확인 등
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the court's explanation concerning this case is as follows: (a) the part of the first instance court's 3, 11, and 19 shall be cited as follows; and (b) the reasoning of the first instance judgment is as stated in the reasoning of the first instance judgment, except where the court attached the judgment on the plaintiff's additional assertion as stated below. Thus, this part shall be cited pursuant to the main sentence of Article 420 of
[2] On March 20, 2015, K Co., Ltd., a member of the Defendant Union, filed a lawsuit against the Defendant Union seeking the non-existence of a resolution at a general meeting or the invalidity thereof (U.S. District Court 2015Gahap20687) on June 30, 2010. On April 28, 2016, the said court rendered a judgment dismissing the judgment on the ground that “The seeking confirmation of the non-existence of a resolution at a general meeting that selects F as the head of the Association had already resigned is merely seeking confirmation of the past legal relations or legal relations, and thus there is no benefit in verification.” Although K Co., Ltd filed an appeal (Seoul High Court 2016Na52357), K Co., Ltd. was dismissed on October 27, 2016 (Supreme Court 2016Da262833), the Plaintiff’s appeal was clearly dismissed on October 27, 2017.
1. Summary of the plaintiff's assertion
(a) The members of the defendant association shall include not only L apartment owners but also other apartment owners in the partnership project site;
A total of 1,854 members of the defendant union, including this, are 1,854 members, and a resolution of the above general meeting was attended by only 594 members, and failed to meet the quorum and the quorum.
B. The owner of another apartment can not be regarded as a partner.
Even if the defendant held a general meeting on June 22, 2016, the defendant did not give written notice to 503 L apartment owners who are the members of the defendant's association, and the remaining 466 members of the defendant's association notified about 400 of them.
June 22, 2016