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(영문) 울산지방법원 2015.01.08 2014가합3012
총회결의 무효확인
Text

1. All lawsuits of plaintiffs A, B, D, and E shall be dismissed.

2. On February 26, 2014, the Defendant against Plaintiff C.

Reasons

1. Basic facts

A. The Defendant is an incorporated association comprised of motor vehicle dealers in Ulsan Metropolitan City in order to improve and develop the motor vehicle sales business and protect the parties to the transaction in accordance with Article 67 of the Motor Vehicle Management Act and to promote the formation of the trading market.

B. On February 26, 2014, around 10:00 on the date of demand, the Defendant made a resolution on the attached list (hereinafter “instant resolution”) at the 7th regular meeting opened at the second floor of the Ulsan Agricultural and Fishery Marketing Center (hereinafter “instant general meeting”).

C. The parts related to the instant case in the Defendant’s articles of incorporation (hereinafter “instant articles of incorporation”) are as follows.

Article 7 (Qualification) (1) A person who has obtained a registration of trade business and has made a report on a transfer under the provisions of Articles 53 (1) and 55 of the Automobile Management Act shall be qualified for membership only when he receives such registration and makes a report on a transfer.

Article 11 (Rights and Obligations) (3) If the registration of a trade business is revoked or transfers a trade business is transferred to another person, members shall lose their qualifications as partners and the right to work accordingly, and they shall not claim for the refund of any remaining property from the already paid subscription fees and union dues.

Article 27 (Convocation of General Meeting) The convening of General Meeting shall be notified one week prior to the holding of a document specifying the purpose, date, time, and place of the meeting.

Provided, That where it is deemed urgent or necessary, an extraordinary general meeting and the board of directors may be substituted by a written resolution.

Article 29 (Methods of Resolution at General Meeting) (1) A general meeting shall be held at the attendance of a majority of the members present at a general meeting and at least a majority

Provided, That matters concerning the modification of the articles of incorporation and the dismissal of executives shall be resolved with the consent of at least 2/3 of the number of members present.

(2) In cases of numbers of votes of approval and disapproval, the chairperson shall determine.

Article 30 (Exercise of Voting Right or Election Right) (1) No voting right of a general meeting shall be delegated.

(2) The board of directors.

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