beta
(영문) 서울고등법원 2016.05.12 2016나1313

총회결의무효확인의소

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the following, and therefore, this case is quoted by the main text of Article 420 of the Civil Procedure Act.

This Court's "this Court" shall be referred to as "court of the first instance" in the five pages of the judgment of the first instance.

The following shall be added to the six pages of the first instance judgment:

“In the case of I, K, L, etc., there is no dispute between the parties as to the fact that the present disability remains (at the first day of pleading in the trial, the statement of the parties), and as seen earlier, Article 7(1) of the E Council’s Articles of Incorporation does not provide for “the existence of disability” as a requirement for regular membership, such fact does not interfere with deeming I, K, L, etc. as a legitimate representative of the defendant as a legitimate representative of the defendant as a member of the E Council. In addition, the resolution of the defendant’s general meeting on May 27, 2013 only “the resolution of the defendant’s general meeting on May 27, 2013 to reduce H branch membership fees” is not “the resolution to modify Article 7(1) and (3) of the defendant’s articles of incorporation on the re-admission membership fees, and it does not require the resolution or the approval procedure of competent authorities as stipulated in Article 44(3) of the defendant’

2. The judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit.