logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2018.12.07 2018가합106013
총회결의무효확인의 소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The defendant is a juristic person established under the Act on the Establishment of Organizations, such as Persons of Distinguished Services to the State, and the plaintiffs are members of the defendant

B. On January 10, 2018, the Defendant sent to the head of the Defendant’s branch office a document stating that “on the basis of the representative quota table in accordance with the number of City/Do members attached before February 19, 2018, the Defendant elected representatives and reported them.” The above quota table is written with 16 branches, 69,512 members, and 77 full number of representatives.

After that, at each of the defendant's branches, 77 representatives were elected.

C. On April 12, 2018, the Defendant held a general meeting of 2018 for the election of the 18th president and executive officers, and at the above general meeting of shareholders, the Defendant’s resolution at the above general meeting of shareholders (hereinafter referred to as the “resolution at issue”).

A. In the instant resolution, 100 of the members of the Assembly, including 77 representatives, attended and cast their votes, and G 57 votes and H 42 votes in Schedule 99, respectively. [Grounds for recognition] did not dispute, Gap 5, 17, 20 evidence, Eul evidence No. 4 (if there are numbers, including numbers; hereinafter the same shall apply).

each entry, the purport of the whole pleading

2. Determination on the defense prior to the merits

A. The defendant's argument that the plaintiff A is not the defendant's member, and the remaining plaintiffs are general members of the defendant, and they are not the representatives of the general assembly, and therefore there is no right to vote, and there is no interest in standing to sue and confirmation to seek confirmation

B. According to the Plaintiff A’s written evidence No. 3, Plaintiff A’s withdrawal from the Defendant on August 25, 2015 is recognized.

However, according to the evidence Nos. 9 and 17, it is recognized that the plaintiff A was registered as a member of the defendant again on February 1, 2016, and the plaintiff A is a person eligible for the defendant's membership pursuant to the Act on the Establishment of Organizations, including Persons of Distinguished Service to the State, and therefore, the plaintiff A is a member of the defendant from February 1, 2016 to the

The defendant.

arrow