총회결의무효확인
1. The part of the judgment of the court of first instance against the defendant shall be revoked, and the lawsuit corresponding to this part shall be dismissed.
2...
1. If the general meeting of the members of a clan ratified a resolution of the previous general meeting of members of the clan as it is, it is a new resolution of the same contents as the previous resolution, and thus, seeking confirmation of invalidity of the previous resolution, which is not a new resolution of ratification, is merely a claim for confirmation of the past legal relationship or legal relationship,
(See Supreme Court Decision 97Da27596, 27602 delivered on October 28, 1997). On the other hand, a person, other than a clan representative, has attended a resolution of the general meeting of the clan members and participated in a statement and voting.
Even if the number of members who are not representatives or the contents of the statement do not reach the degree that the resolution would affect the resolution, the resolution shall not be null and void as a matter of course, and even if the voting is excluded from the voting of those who are not representatives, the resolution may be approved if the quorum necessary for the establishment of the resolution meets
(See Decision 94Da5649 delivered on November 7, 1995, see Supreme Court Decision 2.2
A. According to the defendant's articles of incorporation of the defendant's articles of incorporation, the president shall be elected at the general meeting (Article 8 (1)); the general meeting may be substituted by the representative general meeting (Article 12 (4)); and the general meeting of delegates shall be opened with attendance of the majority, and a resolution shall be adopted with the consent of the majority
(Article 13, Paragraph 1) is defined.
B. On January 15, 2012, the Defendant of the General Meeting of Representatives held a representative meeting on January 15, 2012 and passed a resolution to elect D as the chairperson of the Defendant.
(hereinafter “instant resolution”). However, the Plaintiff, who was the former president, asserted the invalidity of the instant resolution on the ground that he was present at the General Meeting of Representatives, not the representatives, and participated in the voting, on the ground that he was present at the General Meeting of Representatives.
C. On February 11, 2012, the Defendant, on February 11, 2012, again held a representative general meeting to discuss the ratification of the resolution of this case and then held a vote. At the time, 42 of the members present at the meeting of 46 (47 representatives and 19 general members) participated in the voting.