총회결의무효확인
1. Revocation of the first instance judgment.
2. All of the counterclaims of this case shall be dismissed.
3. On January 19, 2018, 11:00 open.
1. Paragraph (1) shall apply to the reasoning for this part of the facts admitted by the court, among the grounds of the judgment of the court of first instance.
(main sentence of Article 420 of the Civil Procedure Act). 2. Judgment on the main claim
A. The gist of the plaintiffs' assertion was that 72 members, including the plaintiffs, filed an application to join the general meeting of this case on April 28, 2014 and 31 members, except them, were called for convening the general meeting of this case.
Therefore, the resolution of this case is null and void because there is a serious defect in the procedure.
B. The court’s determination reveals the following circumstances based on the facts and false evidence admitted in paragraph 1.
(1) The defendant is a group of G-affiliated H branch, and older persons aged 65 years or older who reside in C apartment (hereinafter referred to as "C apartment") located in Dongdaemun-gu Seoul Metropolitan Government F may become its member.
② On April 28, 2014, Plaintiff A submitted to the Defendant an application for membership registration prepared in the name of 72 occupants of C Apartments. At the time, 69 persons, including the Plaintiffs (hereinafter “instant 69 persons”) were aged 65 years or older.
③ On January 19, 2018, the Defendant opened a general meeting of this case and passed a resolution to appoint an executive officer as specified in the attached Form.
However, at the time, the representative of the defendant did not notify the 69 persons of the general meeting of this case.
On the other hand, there is no dispute between the plaintiffs and the defendant as to the fact that the 69 members of this case did not require the payment of the membership fee to become the defendant at the time of applying for membership.
[A] According to the evidence No. 1-4, it is recognized that Part 22 of the G Operation Rules (Article 7(2) of the Operational Rules for the Elderly Party provides that "the application for membership shall be completed by submitting an application for membership and paying the membership fee."
However, Part 2 of the G Operation Rules is the case.