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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
The reasoning of the judgment of the court of first instance, which the plaintiff and the defendant should explain, is the same as the ground of the judgment of the court of first instance, except where the plaintiff and the defendant added the following "2. Additional Judgment" as to the assertion added by this court. Thus, they are cited by the main sentence of Article 420
(A) The Defendant’s assertion as to the Defendant’s main defense of safety by an additional judgment is unlawful, since the Plaintiff filed the instant lawsuit concerning collective ownership property without going through a general meeting resolution. As such, the instant lawsuit is unlawful.
Judgment
Comprehensively taking account of the statement No. 20 (including paper numbers; hereinafter the same shall apply) and the overall purport of the pleadings as a result of the order of submission of each document to the Magdo-gun and the Magdo-gun of this Court, the Plaintiff sent a notice of convening an extraordinary general meeting containing the proposal to the Plaintiff’s members on July 29, 2019 to hold an extraordinary general meeting, and issued a notice of convening an extraordinary general meeting on August 5, 2019, and issued a notice of convening an extraordinary general meeting on August 5, 2019; ② the Plaintiff held an extraordinary general meeting on August 16, 2019; ② the Plaintiff held an extraordinary general meeting on August 16, 2019; the Plaintiff stated that 49 persons among the 73 members were present on the minutes of the extraordinary general meeting, but the Plaintiff itself did not attend the meeting.
Article 7 of the Rules of the Plaintiff (amended by the Rules of the Plaintiff, Aug. 20, 199; hereinafter referred to as the “Rules of the Plaintiff”) stipulates that the Plaintiff shall have the authority to bring the instant lawsuit to N, the representative of the Plaintiff, with the consent of all the members present, and that the resolution shall be adopted with the consent of a majority of the members present.
may be recognized as the facts set forth.
According to the above facts of recognition, 45 of the plaintiff's 73 members.