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(영문) 대전지방법원 2014.08.27 2014가합1502

대의원총회결의무효확인

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1. A resolution in which the Defendant, on December 22, 201, elected F as the president of the Defendant’s representative at the General Meeting of Representatives, is null and void.

Reasons

As the president of the defendant representative and the president of the defendant representative had already resigned from the defendant's office before the lawsuit of this case, the lawsuit of this case asserts that the lawsuit of this case is unlawful as there is no benefit of confirmation.

According to the evidence No. 28 and No. 29, it is recognized that F prepared a letter of resignation on December 5, 2013 that F will resign from the Defendant’s president position.

However, if the purport of the whole pleadings is added to the statement of Gap evidence Nos. 29 through 34 (including the number of branch numbers), it is recognized that the F continues to act as the chairperson of the defendant even after the document of resignation was prepared, so it is insufficient to recognize that the F has resigned from the office of the defendant, and there is no other evidence to acknowledge this differently.

Therefore, the above main defense is without merit.

The judgment on the merits was made by the defendant as an organization consisting of the owners and shop occupants of the Seo-gu Daejeon-gu Seoul Metropolitan City, the establishment registration of superstores was made pursuant to the Distribution Industry Development Act, and at the same time, the management of the E commercial building was performed at the same time as a management body under the Act on the Ownership and Management of Aggregate Buildings. The plaintiffs are the defendant's members. According to the defendant's articles of incorporation, the defendant has a general meeting, committee, representative general meeting, meeting of delegates, meeting of board of directors, committee of board of directors, committee of board of directors, committee of board of directors, etc. The election of the chairperson, etc. is the resolution of the general meeting of representatives, the general meeting of representatives is the resolution of the general meeting of representatives, the meeting of representatives was convened by the chairperson on December 16, 201, and the F convened the general meeting of delegates (hereinafter referred to as the "general meeting of delegates of this case") convened by the defendant on December 22, 2011.