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(영문) 전주지방법원정읍지원 2014.04.30 2013가합404
총회결의 무효확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. 1) On March 11, 2013, the Defendant issued a notice to the Defendant’s members that the annual meeting will be held on March 20, 2013 as an agenda item, such as reorganization of executives and approval of the business plan in 2013, on March 20, 2013, and the Plaintiff (the Defendant is a member of the Defendant).

(2) Article 18(1) of the Defendant’s Articles of Incorporation provides that “The Assembly shall convene a meeting by the representative director and notify in writing the members of the meeting by stating the date, time, place, purpose, etc. of the meeting seven days before the meeting is held.”

B. At the Defendant’s ordinary meeting held on March 20, 2013, the E, F, directors in the office of president C, and E, F, H, I, and J were elected respectively in the office of president C, executive director C, and auditor.

C. On December 12, 2013, the Defendant held an extraordinary general meeting of 10:30 on December 12, 2013 and resolved to appoint the officers elected on March 20, 2013 until the next ordinary meeting is held.

[Ground of recognition] Facts without dispute, Gap evidence No. 2, Eul evidence No. 2, the purport of the whole pleadings

2. If ex officio determination as to the legitimacy of the instant lawsuit ex officio, the Health Team and the organization ratified the previous resolution at the extraordinary general meeting convened and resolved by the organization in accordance with lawful procedures, it shall be deemed to have made a new resolution with the same content as the previous resolution. Therefore, there is no legal interest in seeking confirmation of invalidity of the previous invalid resolution, which is not a new resolution for ratification.

(See Supreme Court Decision 97Da27596, 27602 Decided October 28, 1997, etc.). On March 20, 2013, the general meeting of the Defendant on March 20, 2013, held that there was a defect that constitutes invalidation because it did not give a notice of convening a convocation to the Plaintiff, who is a member. However, it is recognized that the resolution was passed at the general meeting on December 12, 2013 with the contents of ratification thereafter, and that there was no assertion or proof that the general meeting was held unlawfully, seeking confirmation of invalidity of the general meeting on March 20, 2013 is a legal relationship or legal relationship relationship in the past.

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