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(영문) 서울고등법원 2016.12.23 2016나2035961

총회결의 무효확인 등

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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.

Reasons

1. Basic facts

A. The defendant branch is a union established under the Joint Federation of Agricultural and Fishery Cooperatives (hereinafter “instant union”) which has an office in the Seoul Office and a place of business in Songpa-gu Seoul Metropolitan Government Agricultural and Fishery Products Wholesale Market, and the plaintiff is a member of the defendant branch.

The defendant chapter is an affiliate of the association of this case, but it has the substance of the organization and independently performed.

The Defendant Branch performed the work of gathering and delivering the collection of the goods through its members and transporting the goods to the wholesale retail market.

B. On January 11, 2014, the Defendant Branch held a general meeting of shareholders (hereinafter “instant general meeting”) and publicly announced the pertinent contents to the members on the 13th day of the same month following the resolution to the effect that “a person who is absent from office at least 20 times a year shall cancel his leave, and a person who is absent at least 25 times a year shall retire from office.”

(hereinafter referred to as “instant control standard”). C.

On December 13, 2014, the management committee of the Defendant Branch passed a resolution on the expulsion disposition against the Plaintiff (hereinafter “instant expulsion disposition”) on the ground that “the Plaintiff constitutes the subject of withdrawal by absence for at least 25 days a year.” The Defendant Branch notified the Plaintiff of the instant expulsion disposition through public announcement on January 5, 2015.

The rules of the association of this case (hereinafter referred to as the "Rules of this case") and the operation rules of the defendant branch of this case (hereinafter referred to as the "operation rules of this case").

Of the instant parts, the part related to the instant case is as shown in the attached sheet. [In the absence of dispute over the grounds for recognition, Gap evidence 1 through 6, Eul evidence 3 and 6, the purport of the whole pleadings.]

2. Assertion and determination

A. On the grounds delineated below, the instant expulsion disposition is null and void.

1) The instant expulsion disposition was conducted on the premise that “the instant control standards have been effectively established.” However, in order for the instant control standards to be effective, the requirements for a special resolution (a majority of the number of persons present and the number of persons present at the meeting).