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(영문) 서울고등법원 2019.01.10 2018나9823

종중총회결의부존재확인등

Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

(b).

Reasons

1. The plaintiff within the scope of the adjudication of this court is attached to the defendant clan in the first instance trial.

1. Each resolution of an extraordinary general meeting entered in the list was sought to verify the absence or invalidation of the resolution, and the first instance court partially attached to the Plaintiff’s lawsuit

1. List 1.A:

2.3.A.

3.b) the same list as the resolution for each extraordinary general meeting described in the paragraph;

With respect to the resolution stated in the paragraph, the judgment of rejection shall be dismissed, and in part (attached Form), with respect to the non-existence or invalidation of "the ratification part of the resolution of the special meeting of the defendant clan on October 6, 2015 and the resolution of the emergency countermeasure committee meeting on October 26, 2015" (the part demanding confirmation of the absence or invalidation

1. List 1.2

1.c).

4.2

4.(c) In the resolution of each extraordinary general meeting set out in paragraph 1 and the resolution set out in Section 3.B of the same Schedule, the same list 1.b. of the resolution of the extraordinary general meeting set out in paragraph 6 October 2015;

1. As to the ratification portion of a multilateral resolution, each judgment dismissing the remainder of the claims was rendered, while accepting the Plaintiff’s claim and rendering a judgment confirming the invalidity of the resolution.

Accordingly, the part dismissing the plaintiff's claim in the judgment of the court of first instance is attached.

1. List 4.A:

4.4.

4.ma;

4.(f) An appeal was filed against each resolution set forth in paragraph 4.g.

Therefore, the scope of this court's adjudication is limited to whether each of the above resolutions is invalid or non-existent.

2. The reason why this court is stated in this part of the basic facts is the same as that of “1. Basic Facts” among the reasoning of the judgment of the court of first instance, and thus, they are included in the summary pursuant to the text of Article 420 of the Civil Procedure Act

3. Summary of the plaintiff's assertion

A. If the degree of defects existing in the resolution on the extraordinary general meeting of November 26, 2015 is so serious that it is difficult to see that the resolution exists, even if there is ratification of the resolution, the resolution on the ratification is not valid.

On November 26, 2015, the special general meeting of the defendant clan was not convened by the legitimate convening authority, and those who are not qualified as representatives have participated in the resolution.