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(영문) 서울고등법원 2018.02.08 2017나2065518

임시총회결의무효 및 임원지위부존재확인

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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.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is that “526 persons present in the court of first instance” during the first instance No. 3 2, under the premise that “526 persons present in the court of first instance,” and that “the case was re-appealed by the Supreme Court of Korea on December 15, 2017, which became final and conclusive after the re-appeal was dismissed on December 15, 2017” was added to the end of the first 16, and that “this fact was obvious to the court” in the fourth 7, respectively, and that the following plaintiffs’ assertion is additionally stated in the fifth 5th 13th 5th 4th 5th 14th 5th 5th 5th 5th 14th 5th 5th 5th 5th 14th 5th

2. No. 5 of the judgment of the court of first instance No. 13, 5 of the judgment of the court of first instance, which held that the appointment resolution of this case is null and void, and the executive officers, such as the president of the association elected by the resolution of this case, are not subject to reappointment. Notwithstanding the absence of reappointment qualification, the re-election resolution of this case was conducted in the form of saving the candidate itself of other association members and asking the reappointment of the former executives. Thus, it is null and void as it is essentially seriously infringes on other association members’ rights to be elected as executive officers. Moreover, since the time of the resolution of reappointment of this case infringed upon the member's free decision-making right by means of intimidation, gift contribution, etc. at the time of the resolution of reappointment of this case, the resolution

A. According to the articles of association and election management regulations of the Defendant Union, both the resolution on the appointment and reappointment of executive officers are required at the general meeting of the association to attend the majority of the union members and the affirmative votes of the majority of the union members present. However, in the case of appointment, the procedure for reappointment is different from the procedure for granting other union members an opportunity for candidate and election campaign. This is the essential content of the right to elect and elect executive officers of the association.