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(영문) 서울고등법원 2018.09.13 2018나2005902

소유권이전등기

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasoning of the court's explanation concerning this case is as follows.

In addition to the modification of a claim, the reasoning of the judgment of the court of first instance is the same as that of the corresponding part of paragraphs (1) and (2).

[Modification Part] Na. The defendant's assertion and its determination 1] The defendant asserts that the plaintiff cannot assert the validity of the above articles of association provisions against the defendant, since the plaintiff did not explain the articles of association which stipulate the duty of trust of union members in the process of receiving written consent from the defendant for the establishment of the association, the defendant did not consent to the trust, and there was a defect in violation of the quorum and the quorum for resolution of the general assembly as to the articles of association.

On the other hand, the fact that the defendant prepared a written consent to establish the association (Evidence A 14) that approves the articles of association of the association and submitted it to the plaintiff is difficult to see that the defendant did not know about the contents of the above articles of association (the defendant recognized that the plaintiff sent the articles of association to the union members at the time of the enactment or amendment of the articles of association of the association. In light of this, the defendant did not have any impediment to confirming and reviewing the contents of the articles of association of the association including the contents of Article 41-2, at least before he knew of the contents of Article 41-2, or submitted at least the written consent for the establishment of the association). There is no evidence to prove that the plaintiff's resolution

This part of the defendant's assertion is not accepted.

2. It is understood that Article 41-2 of the articles of association of a cooperative provides that only the trustee shall grant the right to manage the trust property to the plaintiff, who is the trustee. The plaintiff decides to manage and dispose of the trust property in excess of the scope of the consent and the Corporation.