총회결의무효확인
1.The judgment of the first instance court, including any claims added at the trial, shall be modified as follows:
In the lawsuit of this case, ..
1. The reasoning of this court concerning this part of the basic facts is as follows: (a) the dispute relating to the validity of the resolution of the special general meeting of this case continues to exist, including the Plaintiff, who is a member of the Defendant Union, claiming the effect of the resolution of the general meeting of this case on September 19, 2012, the Defendant Union adopted a resolution to hold a board of representatives on March 9, 2012 to present the "case of ratification of the resolution of the special meeting of this case as of September 19, 2010" at the ordinary meeting of this case on April 1, 2012 (hereinafter referred to as the "instant general meeting of this case") with the consent of 989 members among the total number of 1,70 members present (hereinafter referred to as "the resolution of this case") and with the consent of 1,078 members of the general meeting of this case on September 19, 201."
(i) add “A” to Chapter 7, and refer each entry “A” to Chapter 71 to 73 is the same as the entry in Section 1 of the reasoning of the judgment of the first instance except for the addition, as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Requests for nullification of the first and second resolutions on the agenda to be selected as a contractor (the agenda referred to in attached Table 3);
A. The Defendant asserted that at the instant ordinary meeting, the second resolution was adopted to ratification the agenda items to be selected as a contractor (attached Form 3). Of the instant lawsuit, the part seeking confirmation of invalidity of the first resolution concerning the selection of a contractor should be dismissed as there is no benefit of confirmation.
On the other hand, if the second resolution ratified by the first resolution is valid, it is a new resolution with the same content as the first resolution. Therefore, seeking confirmation of invalidity of the first resolution is seeking confirmation of the past legal relationship or legal relationship.