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(영문) 서울고등법원 2017.04.06 2016누53151

총회결의무효확인 청구

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

In the first instance court on May 7, 2015, the plaintiffs sought a confirmation of invalidity of the resolution on the agenda under each subparagraph of paragraph (1) of the attached Table 1 of the attached Table 1 at the special general meeting of the defendant on August 17, 2015 and the resolution on the agenda under each subparagraph of paragraph (2) of the attached Table 1 at the special meeting of the defendant on August 17, 2015. The first instance court dismissed among the resolution on the agenda under paragraph (2) 1 of the attached Table 1 of the attached Table 1, the part concerning the claim for confirmation of invalidity of the resolution on the agenda under subparagraph 1 of Article 4, Articles 9, 11, 12, 28, 29, 30 [Article 1] (3), and 41 (Criteria for Management Disposition) (1) and 2 of the attached Table 1 of the same case (excluding the above list of agenda items) (hereinafter referred to as "request for confirmation of invalidity of the remaining agenda items").

Accordingly, since only the defendant appealed against the judgment of the court of first instance, the scope of the judgment of this court is limited to the claim for nullification confirmation of each resolution on the agenda items 1 and 3 of this case (hereinafter "each resolution of this case").

The defendant union held an extraordinary general meeting on May 7, 2015 and resolved on the agenda items in the attached Table 1 list as shown below.

In the order of the consent rate resolution, the 10 members of the 13 agenda items of subparagraph 1, 10 members among the 13 members of the 13 agenda items of subparagraph 2, 9, 13 members of the 3 agenda items of subparagraph 2, 10, 2 agenda items of subparagraph 3 of subparagraph 1 for 10, 4 defendant association held an extraordinary general meeting on August 17, 2015 and resolved on the agenda items of subparagraph 2 of attached Table 1 as shown below.

In the order of the consent rate resolution, seven members from among the 13 members of the agenda referred to in subparagraph 1, and the agenda referred to in subparagraph 2 of Article 1 for 7 : "3 agenda items" 2. 3.