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(영문) 부산고등법원 (창원) 2018.12.13 2018나10398
총회결의무효확인
Text

1. Revocation of the first instance judgment.

2. The Plaintiff’s claim in this case is exchanged with the primary claim added by this court.

Reasons

1. The reasoning for the court’s explanation on this part is as follows: (a) except for the deletion of the part of the judgment of the court of first instance 5, 22 to 6, 100, 1, etc., 1, etc., 1, etc., 1 and 2; (b) as stated in the corresponding part of the reasoning of the judgment of the court of first instance; (c) and (d) as it is, pursuant to the main sentence of Article 420 of the Civil Procedure Act, the lawsuit of this case is lawful upon ex officio determination as to the legitimacy of the lawsuit of this case. In order to file a lawsuit for confirmation of the absence or invalidation of a resolution of a certain general meeting, the resolution of the general meeting itself exists; (d) there is a serious defect to the extent that the resolution of the general meeting cannot be deemed to exist; (e) there is an obstacle to the present rights or legal relations as a result of convening the general meeting and convening the general meeting, and thus, there is no benefit to seek the lack of the above resolution or verification of farmland among the parties.

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