총회결의무효확인
1. Revocation of a judgment of the first instance;
2. The instant lawsuit shall be dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. 1) The defendant is a non-profit corporation established on March 21, 2002 with the aim of protecting the human rights of victims from human rights violations arising in relation to news coverage or news reports by the media, supporting remedy for damages, and contributing to the improvement of the press in order to guarantee citizen's right to know, ensure citizen's autonomy, and comply with social responsibilities. 2) The plaintiff is a regular member of the defendant.
B. On March 26, 2015, the Defendant held a general meeting of shareholders, the president, and the director elected (hereinafter “general meeting of this case”).
2) A resolution was made to appoint C as the Defendant’s chief director at the instant meeting to appoint each Defendant’s director, D, E, F, G, H, and I.
(hereinafter “Resolution of the General Meeting of this case”). / [Grounds for recognition] without dispute, Gap evidence No. 1, Eul evidence No. 3, the purport of the whole pleadings
2. The resolution of the general meeting of the Plaintiff’s assertion is defective in the person holding the meeting, the convocation procedure, the holding procedure, and the election of the president elected by the resolution of the general meeting of this case.
Therefore, the resolution of the general assembly of this case is null and void.
3. Determination on the defense prior to the merits
A. The Defendant’s assertion 1) held the 15th political assembly on March 18, 2016 and accepted the instant resolution as it is. As such, the instant lawsuit disputing the validity of the instant resolution is unlawful as there is no benefit of protection of rights. 2) The instant lawsuit constitutes a litigation trust, and thus, is unlawful.
(b) In the event that at the general meeting of the corporation after the resolution of appointment of an officer was adopted at the re-meetinged meeting after the determination of whether a benefit of protection of rights exists, the previous resolution is accepted or re-convened at the meeting, barring special circumstances, such as that even if the initial resolution of appointment of an officer is null and void, it is necessary to seek confirmation of invalidity of the previous resolution of appointment of an officer, barring special circumstances, such as that the resolution