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(영문) 부산고등법원 2020.07.16 2019나56367
총회결의무효
Text

1. All appeals filed by the plaintiffs and their successors are dismissed.

2. The costs of appeal are assessed against the Plaintiffs and Plaintiffs Y-.

Reasons

1. The reasoning of the judgment of the court of first instance is to be stated in this part of the underlying facts, with the exception of cutting, adding, or deleting them as follows:

(main sentence of Article 420 of the Civil Procedure Act). On the second and second sides of the judgment of the first instance, “Plaintiff’s successor” shall be construed as “Plaintiff’s successor”.

The following shall be added to the fourth below the first instance judgment:

“The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the “Urban Improvement Act”) as applicable to the instant general meeting.

The relevant provisions in the Enforcement Decree of the same Act, and the articles of incorporation of the defendant are as follows: 1. Amendment of the articles of incorporation of an association established under paragraphs (2) and (3) of Article 35 (Authorization, etc. of Establishment of Association) of the Act on the Maintenance of Urban Areas and Dwelling Conditions shall be approved by the general meeting with the consent of at least 2/3 of its members, and the approval of the head of a Si/Gun, etc., along with the matters referred to in the subparagraphs of paragraph (2): Provided, That an amendment of any insignificant matter prescribed by Presidential Decree may be made after reporting it to the head of a Si/Gun, etc. without the resolution of the general meeting:

A person shall be appointed.

2. Borrowing of funds, the method thereof, interest rate, and method of repayment;

4. The term "minor matters prescribed by Presidential Decree or the articles of incorporation in order to determine important matters, such as matters imposing economic burdens on members" in the proviso to Article 31 (5) of the Enforcement Decree of the Act on Urban Improvement, other than the matters prescribed by the budget;

4. A resolution of a general meeting under Article 45 of the Act or a resolution of the board of representatives under Article 46 of the Act to change the executives or representatives of an association;

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