총회결의무효확인
1. Revocation of the judgment of the first instance, and the plaintiff's claim is dismissed.
2. All costs of the lawsuit shall be borne by the Plaintiff.
Basic Facts
The defendant's status and articles of incorporation are corporations established pursuant to the Small and Medium Enterprise Cooperatives Act for the purpose of promoting the sound development of construction business on August 8, 2006 and the promotion of welfare among members.
The plaintiff is the defendant's member.
On July 1, 2011, the Defendant leased the 2nd floor of the F building to the office office, but due to the shortage of operating funds, the amount of KRW 19,00,000 out of KRW 45,00,000 was not paid due to the shortage of operating funds, and the rent was also overdue from November 15, 201 to April 25, 201, up to KRW 50,940,021.
In addition, even though G, the Defendant’s president, died on May 2, 2012, the lower court did not elect a new president due to conflict of opinions among the union members, and the Defendant was in fact suspended its activities around that time.
The parts relating to this case in the defendant's articles of incorporation are as follows:
(1) Members of the cooperative shall be the small and medium enterprisers under Article 2 (1) (including the small and medium enterprises under paragraph (3) of the same Article) of the Framework Act on Small and Medium Enterprises who run the business of Category C (Korean Standard Industrial Classification H) and the business of operating the same business or related business within the business area.
Article 10 (Joining Association) (1) A person who is qualified as a member and wishes to join the Association shall submit an application for joining with the prescribed documents.
(2) Upon receipt of an application under paragraph (1), the Cooperative shall verify the applicant's membership and determine the applicant's provisional admission and notify the applicant in writing within two weeks from the date of receipt of the application.
(3) Anyone who is notified of subscription pursuant to the provisions of paragraph (2) shall be qualified to join a cooperative and become a partner by paying to the cooperative an amount of subscription and an amount of subscription money within the designated date.
Article 12 (Contribution Amount and Method of Payment) (1) Members shall make at least one contribution unit and shall make one contribution unit.