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(영문) 서울고등법원 2015.08.21 2014나48936
총회결의무효 및 대표자지위 등 무효확인
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasons why this Court has used this part of the underlying facts are as follows, given that the part of the reasoning of the judgment of the first instance is identical to the part of the “1. Presumed factual relations” in the reasoning of the judgment of the court of first instance, this Court shall accept it as it is in accordance with the main sentence of Article 420 of the

The following shall be added to the third written judgment of the first instance, the fifth written judgment of the first instance.

“. The Defendant, on April 30, 2014, held a 56th general meeting and passed a resolution on the agenda of the amendment of the articles of incorporation and regulations (Rules). The said general meeting was held by five or less persons among the presidents of HC and I CF branches, and five or less persons among the presidents of the Central Council and Women’s Council as representatives according to the amended articles of incorporation on November 20, 2013. The Defendant issued a notice of convening an extraordinary general meeting on September 30, 2014 (hereinafter referred to as “special general meeting as of September 30, 2014”). The Defendant is deemed as the “special general meeting as of September 30, 2014,” on the ground that the 15 president of City/Do was requested to convene an extraordinary general meeting for the ratification, etc. of the resolution of the instant special meeting.

A) A meeting, 265 of the 379 delegates (108 persons directly present, 157 persons who submitted power of representation) made a gender report, and following a progress report, etc. ① 252 votes on the agenda of ratification of the Revised Articles of Incorporation, ② 250 votes on the agenda of ratification of the Revised Articles of Incorporation, ② 250 votes on April 30, 2014; ③ the resolution was adopted with the consent of a majority of 252 votes (Dissenting 8 marks) on the agenda of ratification of the Revised Articles of Incorporation, among the resolution of the Extraordinary General Meeting in this case (hereinafter “Ratification resolution”).

(h) On December 22, 2014, the Defendant passed a resolution to recommend C as the next president at the joint meeting of the president of the National Federation and the president of a City/Do council. On December 23, 2014, the Defendant issued a notice of the holding of the board of directors and the general meeting of shareholders with respect to the matters discussed as agenda items: (i) approval of the settlement of accounts in 2014; (ii) approval of the budget in 2015; (iii) amendment of the articles of association; (iv) election of executives; and (v) notification of the holding of the board of directors and the general meeting of shareholders on January 7, 2015 (hereinafter “general meeting of shareholders as of January 7, 20

The total number of 243 representatives shall be 243.

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