총회결의무효확인
1. Plaintiff H’s lawsuit was terminated on July 17, 2014 due to Plaintiff H’s death.
2. The defendant's plaintiffs (appointed parties).
1. As to this part of the basic facts, this Court's reasoning is the same as the entry of "1. Basic Facts" in the judgment of the court of first instance except for the following parts as to this part of the basic facts. Thus, this Court's reasoning is acceptable in accordance with the main sentence of Article 420 of the
Plaintiff
Except H, the Plaintiff (Appointed Party) and the designated parties except for the Plaintiff (Appointed Party) selected the Plaintiff (Appointed Party) A and B as the designated parties in the first instance trial on November 28, 2014, and thus, the Plaintiff (Appointed Party) and the designated parties indicated on the Plaintiff (Appointed Party) and the designated parties are in line with the intent of the said designated parties’ selection.
The term "prestigious signature" in paragraph 6 of the fourth decision of the court of first instance shall be read as "prestigious document".
2. Plaintiff H, a member of the Defendant Association, who was a director of the ex officio determination on the part of Plaintiff H’s lawsuit, filed the instant lawsuit in the course of disputing the validity of the resolution for removal of directors and for modification of the articles of incorporation, such as the statement stated in the purport of the claim at the extraordinary general meeting of December 28, 2012 and the extraordinary general meeting of January 9, 2013. After the judgment of the first instance court of this case, Plaintiff H died on July 17, 2014, which is still pending in the trial, is either a dispute between the parties or is apparent in the records.
Meanwhile, the membership status of an incorporated association, such as the Defendant Association, is not subject to inheritance (see Article 56 of the Civil Act), and the status of a director of the Defendant Association, as well as the status of a director of the Defendant Association, should not be subject to inheritance (see Article 12(1) of the Articles of association of the Defendant Association), and there is no dispute between the parties as to the fact that the status of a director of the Defendant Association as a director of the Defendant Association is not subject to inheritance
Therefore, the plaintiff H's lawsuit is terminated by his death on July 17, 2014.
3. Summary of the assertion by the Plaintiff (Appointeds) and the Defendant Association
A. The Plaintiff (Appointed Party)’s assertion 1) regarding the resolution of dismissal of the Plaintiff 1 and the amendment of the articles of incorporation of the instant case.