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(영문) 서울고등법원 2018.05.04 2016나210049
양수금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. The total cost of the lawsuit is due to the participation.

Reasons

1. Whether the appeal of this case is lawful (whether or not an appeal has been filed by the lawful representative of the defendant);

A. 1) The Defendant is the Jung-gu Seoul Metropolitan Government and the B commercial building on 15 lots (hereinafter “instant commercial building”).

The Defendant’s Intervenor is a non-corporate body established for the purpose of promoting friendship and friendship among its members, operating sites, buildings, and various facilities attached thereto, and protecting their respective rights and interests, and promoting their common interests. The Defendant’s present articles of incorporation is part of the Defendant’s members. The Defendant’s present articles of incorporation was amended on February 2001. According to its articles of incorporation, qualification of its members, procedures for the election of executives, etc. are as follows:

Part II member shall be a person who owns a site and a building within Article 4 (Qualification B) of the Members, and a person who has completed the time of membership as prescribed in this paragraph shall be a member.

Provided, That the ownership of the land and buildings on the public register shall be confirmed.

Chapter 3. The various meetings of the plenary session under Article 7 (Formation and Resolution) shall be concluded with the attendance of a majority of the incumbent members, and shall pass a resolution with the consent of

Provided, That in cases of numbers of approval and disapproval, the Speaker shall determine it.

Chapter 4. General Assembly Article 9 (Convocation)

3.The special general meeting shall be convened by the following:

(c) If at least one-third of all incumbent members submit in writing the reason for convening the meeting and matters of reference, the right to vote of the members under Article 10 (Right to Vote) shall be as follows:

1. Chapter 5: 1’s 5’s 5’s 5’s 5.1’s 10’s 2’s 2’s 10.1-15’s 3’s 15.1’s 20’s 3’s 15.1-20’s 3’s 15.4’s 20.1-25’s 25.1’s 25.1’s 30’s 30.1’s 35.1’s 7’s 35.1’s 7’s 30’s 40’s

1. At least ten equity shares in ownership shall be ex officio directors;

2. The board of directors shall be comprised of not more than eight persons, including ex officio directors;

Provided, That where the number of ex officio directors exceeds eight, it may exceed the fixed number of directors.

Part VII: Article 22 (Advisors, Chairperson's Functions), such as the term of office of executive officers, etc.

1. Functions of the president;

(a) The president shall represent the principal meeting and shall be the chairman of the Assembly and of the board of directors;

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