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(영문) 서울고등법원 2016.04.28 2015나2046377
총회결의무효의 소
Text

1. The defendant's appeal is all dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasons why the court should explain this part of the basic facts are as stated in the part concerning “1. Basic Facts” among the reasons for the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

In the second 15th 2th 15th 2th 2th 15th 201, “the 2014 May 23, 2014,” and “the 20th 20th 206.”

The 5 to 6th decisions of the first instance court "each request was made to convene a meeting of the board of directors."

On the 6th of the first instance judgment, the "6 to 88" of the 8th of the first instance judgment shall be raised with "6 to 8 evidence".

2. The plaintiffs' alleged "F,O, P, L, N, R, S, and T" were dismissed from office by a resolution of the general meeting held on June 20, 2014 by the general meeting and were not authorized to adopt the resolution of the board of directors, and called the "U, V, W, X, J, M, and K" as qualified for directors at the time, was excluded from the convocation procedure of the board of directors, and convened and convened the emergency board of directors held on January 18, 2015 and January 31, 2015, while the "F" was not authorized to convene the general meeting, but is called the "general meeting of this case" according to the above resolution of the board of directors at the general meeting held on February 6, 2015.

The convening and holding of the Company.

As above, a resolution made at a general meeting of this case with a significant defect in the convocation procedure shall be null and void.

3. Determination as to the defendant's defense prior to the merits

A. Since the Defendant’s defense prior to the merits had already been the president on December 12, 2015 and the term of office expired, there is no benefit in legal action seeking “the confirmation of invalidity of a resolution made at the instant general meeting,” which is mere confirmation of past legal relations.

In addition, Plaintiff B was expelled from a member of the Defendant Association by a resolution made at the general meeting of the Assembly on March 20, 2014, and did not follow the procedures to recover membership thereafter. Therefore, there is no benefit of lawsuit seeking confirmation of invalidity of a resolution made at the general meeting of this case.

Therefore, all of the plaintiffs' lawsuits of this case must be dismissed.

B. First, we examine the Plaintiff’s lawsuit.

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