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(영문) 수원고등법원 2020.06.11 2019나15010
총회결의무효확인
Text

All appeals by the defendant are dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. The reasoning of the judgment of the court of first instance cited the same reasoning as that of the judgment of the court of first instance, except for the addition of the written reasoning as follows, and thus, it is acceptable in accordance with the main sentence of Article 420 of the

(In light of the evidence duly admitted and investigated by the first instance court, the fact finding and judgment of the first instance court is justifiable, and there is no error as alleged by the defendant reconstruction association as the grounds for appeal). 2. Additional judgment

A. The defendant reconstruction association's assertion that the defendant reconstruction association submitted the above withdrawal letter because the copy of identification certificate, passport, etc. should be attached to each withdrawal letter of this case pursuant to Article 36 (1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter "Urban Improvement Act"). Thus, the defendant reconstruction association's assertion that the above withdrawal letter cannot be deemed to have been withdrawn in accordance with the above withdrawal letter.

B. Determination, however, the following circumstances, which are acknowledged by comprehensively taking account of the overall purport of pleadings in each statement in Gap evidence Nos. 8, 21 and Eul evidence No. 11, i.e., (i) prior to the effective establishment of a union’s resolution by means of a written resolution as seen earlier, the consent of the union’s resolution is withdrawn. The expression of intent of withdrawal does not necessarily have to be limited to a certain procedure and method unless otherwise stipulated in the union rules or in the articles of incorporation, and it appears that there is an act or appearance to clarify the intention of withdrawal, and (ii) the articles of incorporation (Evidence No. 8) of the defendant reconstruction association did not provide any provision regarding the procedure and method of submitting a written resolution or a written withdrawal, as well as the resident registration certificate, passport, etc. at the time of the resolution of the general meeting of this case.

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