총회결의무효확인의 소
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
1. The grounds for admitting the judgment of the court of first instance, which the plaintiffs asserted in the trial while appealed, are not significantly different from the allegations in the court of first instance, and even if evidence and the result of pleading submitted in the trial were to be seen, the judgment of the court of first instance which dismissed the plaintiffs' lawsuit of this case is justified
Therefore, this court's reasoning, including the allegations and evidence of the parties added in the trial, shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, as it is stated in the reasoning of the judgment of the first instance, except for the further determination by supplementing the reasoning of the judgment of the first instance as stated in the following
2. Additional determination
A. The Plaintiffs, in light of the following: (a) in the Defendant’s articles of incorporation, guarantee the right to participate in the principal session operation, voting right, and the right to participate in the meeting (Article 8); (b) the principal session officer, who is a member of the general meeting, is only a person for whom two years have passed since the registration of the members, and does not impose any specific restrictions on qualification requirements, have the right to be elected as an officer of the Defendant (Article 16-2), the Plaintiffs asserted to the effect that there is a benefit in standing to sue and confirmation to seek confirmation on the invalidity of the instant resolution, since
B. We examine the qualifications, authority, organization, authority, election procedure, etc. of Defendant Members.
The Defendant Association shall consist of a headquarters, a regional local government branch, or a sub-branch or a special local government (Article 9(1) through (3) of the Articles of Incorporation). The Defendant’s executive officers shall be elected at the plenary session (the Secretary General shall be appointed by the chairperson from among the directors), and the general meeting shall consist of the president, vice-chairpersons, directors, secretary general, director-general, head of a chapter and representatives (Articles 15 and 18(1)). Representatives shall be elected at the sub-chapters’ meetings consisting of the head of the chapter, the secretary-general of the regional government, and the head of the sub-chapters’ meetings consisting
(Article 18). The chief executive officer of a chapter shall be the president.