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(영문) 서울중앙지방법원 2013.11.29 2013가합33305
총동문회 회칙개정 및 퇴출결의 무효확인
Text

1. The Defendant’s resolution on April 30, 2012 regarding “the amendment of the articles of incorporation and the expulsion of Plaintiff (the expulsion”)” and August 19, 2013.

Reasons

Basic Facts

The defendant is a non-legal entity graduate from CV High School who resides or has a workplace in Seoul, Incheon and Gyeonggi, and the plaintiff is a graduate from CV High School and is qualified as a member of the defendant in Seoul.

On April 3, 2012, the resolution of the general meeting of April 30, 2012, the Defendant was held at the general meeting, and the amendment of the articles of incorporation adding provisions concerning the punishment of members and penal provisions to the above general meeting, and the resolution to deprive the Plaintiff of all qualifications as a member of the same region and to leave the Plaintiff (hereinafter referred to as the “resolution 1”).

On August 19, 2013, the resolution of the general meeting made by the Defendant on August 19, 2013, the general meeting was held by the Defendant, and the amendment of the articles of incorporation adding the provisions on the expulsion of members to the above general meeting, and the resolution of expulsion of the Plaintiff was made in accordance with the above provisions (hereinafter “the second resolution”).

[Reasons for Recognition] In the absence of dispute, Gap evidence Nos. 1 and Eul evidence Nos. 11 and 12 (including each number), and the purport of the whole pleadings by the plaintiff asserted by the plaintiff, the procedures for amendment of the articles of association conducted at the meeting of April 30, 2012, which was initiated by the defendant, and the resolution of withdrawal against the plaintiff, the plaintiff did not notify the members of these important matters despite the fact that the revised articles of association should have notified the members of each item to proceed at the meeting prior to the holding of the general meeting. The revised articles of association did not have been deliberated upon and approved by the advisory group. The resolution was made by the Speaker pro tempore without any authority, as well as by resolution of each item, only by the number of persons present at the general meeting without any authority, as well as by resolution of the number of persons present at the general meeting, the number of persons present at the general meeting and the quorum for resolution of each item, and all these procedures

The Assembly of August 19, 2013 held by the defendant on August 19, 2013 because it was held without legitimate notice of convocation.

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