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(영문) 서울서부지방법원 2016.11.10 2016가합1243
공동의회결의무효확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The defendant is currently a church belonging to the Korea War Veterans Association, which belongs to the Seoul Workers' Association, and the plaintiff is appointed as a member of the defendant church on September 3, 2006 and received the consent of the defendant church on December 19, 2007.

B. As a result of pro-con voting on the maintenance of the Plaintiff’s ice ice ice ice at the Defendant’s joint council held on April 17, 2016 (hereinafter “instant joint council”), the Defendant’s head who was the Speaker pro tempore was the Speaker pro tempore, and the Plaintiff’s ice ice ice ice ice ice ices were rejected as follows: 10 votes from among the 241 members present, 205 votes, 22 votes from among the 241 members present, and invalid 4 votes.

[Ground of recognition] The items of evidence Nos. 1, 2, 3, and 7 of evidence Nos. 1, 2, and 3, and the purport of the whole pleadings

2. Whether the lawsuit of this case is lawful

A. The Plaintiff’s assertion is that the Joint Council of this case was convened and held by a person who is not the president of a party without a legitimate resolution of the party council, and there is a serious defect in the convocation procedure and resolution procedure, and as long as it is not recognized that the Defendant is a forced death on the pastors under the Constitution of the General Assembly of Korea, the Joint Council of this case may have substantial defect in the resolution.

Therefore, since the resolution of the joint council of this case is null and void, it is sought to confirm its invalidity.

B. We examine ex officio the legality of the instant lawsuit on the determination of the legality of the instant lawsuit.

The provisions of the Civil Act concerning incorporated associations, excluding those premised on corporate personality, shall be applicable by analogy to an unincorporated association (see, e.g., Supreme Court en banc Order 2008Ma699, Nov. 19, 2009). Article 64 of the Civil Act provides that “No director shall have the power of representation with respect to any matter in which the interests of a corporation and a director conflict with each other. In such cases, a special agent shall be appointed pursuant to the preceding Article.” The purport of the above provision is that where the interests of a corporation and a director conflict, the relevant director may destroy the interests of a corporation, and thus, the relevant

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