사해행위취소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
[Claim]
1. The reasoning of the judgment of the court of first instance, which cited this case, is the same as that of the judgment of the court of first instance, except for the part added as follows, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act
【Additional Part】 From the end of 6th parallel 4th parallel to 5th parallel, the following additional contents are added [The Plaintiff’s meeting is limited to a general meeting or an executive meeting, and the board of directors is not established. However, the Plaintiff’s executive meeting is composed of directors together with the chairman, vice-chairman, etc., and the Plaintiff’s organization as above, taking into account the circumstances and contents of the resolution of the general meeting on July 5, 2009, together with the fact that there was no board of directors other than the board of directors, it is reasonable to view that the board of directors as stated in the resolution of the above general meeting refers to the board of directors meeting as stipulated by the Plaintiff’s rules]. Furthermore, considering the overall purport of the arguments as stated in the evidence No. 10 through 12 (including the number with which the number is included; hereinafter the same shall apply), the following facts are acknowledged.
On September 8, 2013, the board of directors held on September 8, 2013 adopted a resolution to approve the instant lawsuit.
At the executive meeting held on January 12, 2014, the Plaintiff passed a resolution on February 16, 2014 to postpone one month and to hold the general meeting on February 16, 2014, since the scheduled date of the 2014-year general meeting is close to the Gu administration.
M, the representative of the plaintiff, notified all members of M on January 13, 2014 of the above circumstances, and notified all members of M, on February 10, 2014.
[In the case of a regular general meeting, a resolution of the general meeting of a clan shall not be deemed null and void unless the resolution of the general meeting is notified separately (see, e.g., Supreme Court Decision 2010Da20235, Aug. 19, 2010). However, the above general meeting is only different from the date of convening the general meeting, and there is no change in the point of the Plaintiff’s general meeting. Thus,