총회결의무효확인
1. Of the judgment of the court of first instance, the part against the plaintiffs and the defendant, including the claim changed from the trial before remand.
1. Basic facts
A. (i) The status of the parties (i) the Joint Defendant H-Defendant Trade Union in the first instance trial (hereinafter referred to as “H labor union”) is an industrial trade union on a national scale, composed of workers engaged in the metal industry, whose organization is composed, and the Co-Defendant H-Defendant Hno Daegu Branch I (hereinafter referred to as “I branch”) of the first instance trial is the Hano-gu branch of the Hno-gu branch consisting of the employees of the I company.
The defendant is a trade union established on November 26, 2010 through the resolution of the General Assembly of the I Branch as seen below in the following B.
B. The plaintiff C is the branch chairperson of the I branch, the head of the welfare division of the I branch, the head of the education and publicity division of the I branch, the plaintiff Eul is the member of the I branch, and the plaintiff G is the member of the I branch.
B. On November 26, 2010, the first general assembly branch held an extraordinary general meeting on and around November 26, 2010 and made a resolution to change its structural form into the Defendant, a company-level trade union, with the consent of 289 (hereinafter “instant resolution on the structural change”).
C. On November 30, 2010, the Defendant of the second general meeting held an extraordinary general meeting again on the premise that all members of the I branch are the Defendant’s union members, and 374 of the 383 members, who were members of the I branch, were present at the meeting, and 253 of them agreed, passed a resolution to enact the Defendant’s rules, such as the attached Form, (hereinafter “Resolution to enact the instant rules”).
On the other hand, the provisions of the Hno and I branches related to the instant case are as follows.
[Hnorms] Article 10 (Admission and Withdrawal) Any person who intends to join a cooperative with the declaration, demotion, or bylaws of the cooperative shall submit an application for membership determined by the cooperative to the relevant branch or sub-branch, and shall obtain the qualification for membership with the approval of the chairperson.
Provided, That admission and withdrawal shall be handled within 30 days from the date of submission of an application for admission, but separate regulations determined by the Central Committee shall apply.
Article 20 (Functions of General Meeting) (1) The following matters shall be resolved upon by a general meeting:
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