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(영문) 제주지방법원 2016.12.15 2016가합10564
조합원총회결의부존재확인
Text

1. There is no resolution to appoint each officer listed in the separate sheet at the extraordinary general meeting of the Defendant on November 27, 2015.

Reasons

1. The Plaintiffs’ determination on the cause of the claim is the Defendant’s member, and the Defendant’s representative director E prepared the minutes stating that “the Defendant passed a resolution to appoint each executive officer listed in the attached list on November 27, 2015 by holding an extraordinary general meeting and passing a notarized procedure.” The fact that E did not notify the Defendant’s members of an extraordinary general meeting, and the fact that E completed the registration of the Defendant’s retirement of the existing executive officer and the registration of the appointment of each executive officer listed in the attached list based on the minutes of the minutes may be recognized if there is no dispute between the parties, or if the purport of the entire pleadings

According to the above facts, the defendant did not have a resolution appointing each officer listed in the separate sheet at the extraordinary general meeting of November 27, 2015, or the defect thereof was so serious that such a resolution could not be deemed to exist. As long as the defendant representative director completed the registration of the retirement of an officer in the defendant's copy of the register based on such minutes, the plaintiffs who are the defendant's union members shall have the interest to seek confirmation of the non-existence of the lawsuit in this case.

2. In conclusion, the plaintiffs' claim of this case is justified, and it is so decided as per Disposition.

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