종중회장선임결의무효 확인
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
1. The reasons why the court of this case cited the judgment of the court of first instance are cited by the main text of Article 420 of the Civil Procedure Act, except for the addition of the judgment of the plaintiffs in this court as follows.
2. Judgment on the plaintiffs' assertion
A. Whether the instant special meeting, which did not comply with the existing rules, is null and void
Article 13(1) of the Constitution provides that the board of directors may decide representatives in consideration of the distribution of population. As long as the members can form a general meeting reflecting the intention of the members, the existing rules that stipulate the matters concerning the election of the chairperson and the amendment of the rules at the general meeting shall not be null and void, and therefore, it shall be null and void if it has deliberated and resolved on the amendment of the rules at the general meeting without going through the resolution of the representatives' general meeting. 2) The following circumstances, namely, ① according to the existing rules, 17 executives (the chairperson, vice-chairperson, directors, auditors, etc.) who automatically acquired the qualification of representatives from among 50 representatives, who are automatically qualified for representatives, are not allowed to submit their opinions, ② the remaining regional or local representatives other than the above 17 members, other than the plaintiffs, are selected and appointed through the deliberation of the board of directors after reflecting their respective recommendations. < Amended by Presidential Decree No. 20680, Mar. 2, 199>