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(영문) 수원고등법원 2020.11.12 2019나20319
임시총회결의부존재 등 확인
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. The reasoning of the judgment of the court of first instance as to this case is the same as the reasoning of the judgment of the court of first instance, except for the addition or dismissal as follows. Thus, this is acceptable as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. A portion used for adding or cutting;

A. The defendant's assertion that the defendant had a defense prior to the merits added at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the general meeting of the case at the ordinary meeting on January 19, 2020.

(2) The resolution of ratification of the resolution at the extraordinary general meeting of this case (hereinafter referred to as the “resolution”) with the consent of all the members attending the meeting is called the “resolution of ratification of this case.”

(2) As long as one had done, the instant lawsuit seeking confirmation of invalidity of a resolution made at the extraordinary general meeting of this case is unlawful as there is no benefit of confirmation. (2) If the previous resolution was ratified by the clan general meeting held in accordance with relevant legal procedures, it shall be deemed that a new resolution was made with the same content as the previous resolution. Therefore, seeking confirmation of invalidity of the previous invalid resolution, which is not a new ratification resolution, is merely seeking confirmation of legal relations or legal relationship in the past, and thus lacks the requirement of protection of rights as a lawsuit

(see, e.g., Supreme Court Decision 94Da53419, Apr. 11, 1995; Supreme Court Decision 2013Da55874, Nov. 28, 2013). In order to hold a clan general meeting, the convening authority shall make reasonable efforts to determine the scope of the clan members subject to a notification of convening, and identify the whereabouts of the clan members in Korea, and shall individually call a notification to the clan members who are able to notify because their whereabouts are clearly residing in Korea.

The notice of convening a general meeting shall not be necessarily required in writing, but it shall be done orally or by telephone, or even through another head of a household or by head of a household, but it shall be deemed that the notice was legitimate by informing the representative of a general meeting to the branch or by place of residence.

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