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(영문) 서울동부지방법원 2014.06.26 2014노184
공전자기록등불실기재등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is that Defendant A was elected as the president at the general meeting of the E on July 25, 2008 and the above general meeting is null and void only when the judgment of nullification of the general meeting becomes final and conclusive. However, the court below erred by misapprehending the facts, which led to the misapprehension of the above general meeting, and accordingly, Defendant A, who was elected as the president at the above general meeting is not just the chairperson, and Defendant C and B appointed to each Secretary-General, the Secretary-General, and the Secretary-General, are not legitimate.

2. A judgment for confirmation of the invalidity or absence of a general assembly is not a form judgment, but a confirmative judgment, and where there is a significant defect in the convening procedure of the general assembly, the general assembly shall be null and void without the need to wait for a separate confirmation of invalidity.

However, according to the evidence duly adopted and examined by the court below, Defendant A was elected as the president of the E Central Headquarters at the extraordinary meeting of July 25, 2008 as the president of the E Central Headquarters at the extraordinary meeting of July 25, 2008. The above extraordinary meeting is not called according to E; Defendant A convened as the president of the E Headquarters’s “The E Headquarters Heading Emergency Measures Council” which is an organization that is not prescribed by the E Rules; the above court held that the Seoul High Court 2009 early 1197 application for the adjudication of the Seoul High Court 2009 early 25, 2008 application for the adjudication of the Seoul High Court 2009 early 209, the above court violated the provisions of the EF and invalidated the above general meeting; Defendant A, elected as the representative of the above general meeting, has no authority to represent the “E”; Defendant A was not entitled to represent the president on July 20, 2009, and thus, Defendant A was not entitled to represent the president of the Seoul Central Court 201238.27.

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