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(영문) 서울북부지방법원 2019.03.21 2018가합347 (1)
총회결의무효확인
Text

1. The plaintiff (Counterclaim defendant)'s main lawsuit of this case shall be dismissed.

2. The plaintiff (Counterclaim defendant) is the defendant (Counterclaim plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The plaintiff (Counterclaim defendant, hereinafter "the plaintiff") is Divers, the plaintiff B is Evers, and the plaintiffs are residents of the C Apartment located in Dongdaemun-gu Seoul Metropolitan Government F.

The defendant is a single-party organization of G belonging to the H branch of G, an incorporated association (hereinafter referred to as the "G"), and senior citizens aged 65 years or older residing in the above C apartment may become its members.

B. On April 28, 2014, Plaintiff A submitted to the Defendant a written application for membership registration prepared in the name of 72 members of C apartment occupants, including the Plaintiffs, by mail.

The plaintiffs did not pay the membership fee to the defendant in addition to the above application for membership.

C. On the other hand, around January 19, 2018, the Defendant held a general meeting (hereinafter “instant general meeting”) on the same agenda as indicated in the attached Form No. 11:00 and passed a resolution to appoint I as the chairperson.

(hereinafter “instant resolution”). The minutes of the instant general meeting shall include 27 regular members present at the instant resolution by 31 general members, and all of the instant resolutions are approved.

The defendant did not notify the convocation of the general meeting of this case to 72 persons who filed an application for membership with the defendant.

[Reasons for Recognition] Unsatisfy, Gap's statements in Gap's evidence 1 to 4 (if there are additional numbers, including branch numbers; hereinafter the same shall apply), the purport of whole pleadings

2. The parties' assertion

A. In order to hold the general meeting of the Plaintiff’s assertion, a notice for convening a meeting shall be given to the members of the center for senior citizens at least seven days before the meeting is held, in accordance with Article 20 of the Regulations on Management of the 22nd General Meeting.

However, the defendant, including the plaintiffs, requested the defendant to join the general meeting of this case on April 28, 2014 and the defendant's member applied to the defendant on April 28, 2014, the defendant made a notification of convening the general meeting of this case only 31 persons except them, and the above 72 persons shall be the general meeting.

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