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(영문) 대법원 2018.03.13 2017다242782
청구이의
Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of any statement in the supplemental appellate brief not timely filed).

Article 23(1)3 of the Rules of the Plaintiff Union provides that “a contract to become a partner, other than the matters stipulated in the budget, shall be determined by the resolution of the general meeting,” and the “budget” in this context means “a revenue and expenditure plan for one fiscal year prescribed by the rules of the Union,” and the “budget” was interpreted as “a plan for revenue and expenditure of one fiscal year,” and thus, in order to conclude the instant agency contract, there was no resolution required by the general meeting of the union members, and it was determined that the instant agency contract was null and void, on the ground that the Defendant knew or was negligent in not knowing that there was no resolution by the general meeting

Examining the record in accordance with the relevant legal principles, the lower court did not err in its judgment by misapprehending the legal doctrine on the validity of agency contracts and resolution at general meetings of the regional housing association, and on the restriction of the power of representation of the president

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

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