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(영문) 서울고등법원 2016.12.22 2016나2015028

시공자 선정총회결의 무효확인

Text

1. Revocation of the first instance judgment.

2. The resolution of the plenary session for the selection of the work executor, which the Defendant holds on April 4, 2015 at the C intersection, shall be adopted.

Reasons

1. The reasoning of the judgment of the court of first instance concerning the basic facts and the plaintiff's assertion of this part is "1. Basic facts," except for a change or addition as follows:

2. The Plaintiff’s assertion is identical to that of the corresponding part of the Civil Procedure Act, thereby citing it as it is in accordance with the main sentence of Article 420 of the

The third 6th tier 6 of the judgment of the first instance shall be changed to “a resolution of approval” (the minutes of the instant general meeting shall include 23 persons directly present among the 113 members of the total number of members present at the meeting).

The following shall be added to the 13th end of the judgment of the first instance:

Article 21 (Matters to be Resolved by General Meeting) The following matters shall be determined through a resolution of the General Meeting:

Article 22 (Methods of Resolution at General Meeting) (1) Except as otherwise expressly provided for in the Act, a general meeting shall be held with attendance of a majority of the members, and the resolution shall be made with the consent of a majority of the members present.

Provided, That where a resolution is made at a general meeting, at least 10/100 of the members shall be present directly.

(5) If the number of re-calls falls short of the quorum as a result of the convocation of the general meeting, it shall be re-called, and in case of re-calls, it may substitute for the general meeting

(Provided, That this provision shall not apply to the matters referred to in subparagraphs 1, 2, 5, 6, 8, 10, 11, and 13 of Article 21); 2. Determination as to the main defense

A. The reasoning for this part is as follows, except for the alteration or addition as follows, the court's judgment on the defense of the first instance judgment is identical to the corresponding part of "decision on the defense of the first instance judgment". Thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

B. A modified or added portion (from the end of the judgment of the court of first instance to the end of the 6th to the 7th to 10th 9th ). The defendant's assertion of ratification of the resolution of the selection of the contractor of this case is 1).