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(영문) 광주고등법원 2018.11.30 2017나13655
총회결의 무효확인 청구의 소
Text

1. The judgment of the first instance, including the primary and conjunctive claims modified by this court, shall be modified as follows:

Reasons

1. Basic facts

A. The status of the Plaintiffs and the Defendant’s constituent Plaintiffs are residents of Gwangju Northern-gu Ndong (Odong 14 U.S. hereinafter “N village”).

On February 23, 200, the Defendant enacted the rules of the N Village residents and selected its representative P officers, etc. (the title at that time was the N Saemaul Association), elected the N Village representative, the N Village overall property management, and consultation on pending issues related to N Village.

On May 10, 2008, the defendant revised the rules of association and changed the name to the N Village Residents' Self-Governing Council.

B. On June 2, 2008, the Defendant purchased the instant land from Q, etc., and completed the registration of ownership transfer on July 2, 2008, and thereafter, received 78,123,610 won as construction cost for N Village Joint Working Group from North-gu, Gwangju Metropolitan City and newly constructed the instant building around July 2009.

C. Around May 10, 2014, the Defendant amended the rules of association of the Defendant, and the main contents thereof are as follows.

Part II of the Rules of the N Village Residents' Self-Governing Council (Qualification)

1. The members pursuant to the N Saemaul Association Regulations, which came into force on February 23, 200, shall be those amended on March 27, 2012;

2. When a member under Article 1 (1) of Chapter II is dead, he/she shall succeed to the portion of a child of one of the married couple living together with the surviving couple or of a lineal ascendant or descendant and family within 180 days from the date of his/her resident registration in the N Village only within 180 days

3. The village members of the N Village Residents' Self-Governing Council shall be attached to “A separate”.

Article 4 (Entry) An amount calculated by dividing the whole community property specified in Chapter VI by the number of members, and may be present at a general meeting after obtaining approval therefor.

Article 6 (Withdrawal) A member may not demand all rights and monetary rights at the time he/she withdraws from the main meeting or has expelled from the meeting.

Article 1 (Meetings) The fourth Session shall be classified into the ordinary general meeting, the extraordinary general meeting, and the executive meetings as follows:

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