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(영문) 서울고등법원 2016.09.27 2016나2000767
총회결의무효확인
Text

1. All appeals by the defendant against the plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendant.

purport, purport, and.

Reasons

1. The reasoning of the judgment of the court of first instance cited the same reasoning as the reasoning of the judgment of the court of first instance, except for any modification or addition as follows. Thus, it is acceptable to accept it as it is by the main sentence of Article 420 of the Civil Procedure

2. In the first instance judgment, the Cultural Heritage Protection Act No. 5 of the fifth 7, which is amended or added, is “former Cultural Heritage Protection Act (amended by Act No. 13249, Mar. 27, 2015),” the fifth th h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h, h h h h h h h,

On the 7th page of the first instance judgment, following the fourth instance judgment, the judgment on the argument that the Defendant raised by this court is added as follows.

The plaintiffs, as to the defense of violation of the good faith principle or abuse of the right of action, filed a lawsuit seeking confirmation of invalidity of the resolution of this case, even though they did not act as the defendant's member or raise an objection to the defendant's operation for about 10 years from 2003 or 2004 when the successor scholarship certificate was received, is not allowed under the good faith principle, or it constitutes abuse of the right of action. However, it is difficult to readily conclude that the plaintiff's filing of the lawsuit of this case goes against the good faith principle or constitutes abuse of the right of action, and there is no other evidence to prove otherwise, and therefore, the defendant's defense

3. In conclusion, the plaintiffs' claims are justified, and the judgment of the court of first instance is just, and the defendant's appeal against the plaintiffs is dismissed. It is so decided as per Disposition.

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