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(영문) 대구고등법원 2019.08.22 2019나21157
대의원회 의결사항 일부 무효확인
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The defendant is a juristic person established on November 16, 1983 by participating in the members of C Business for the purpose of promoting the development and common interest of C Business, and the plaintiff is a member of the defendant.

B. On April 12, 2018, F, the president of the board of directors, and the Defendant’s president, recommended H, among the Defendant’s members, as the head of the Defendant’s Northwest Suspension Department, I as the head of the Southwest Branch, and J as the head of the branch of the same Sung-dong Branch, and the Defendant convened the board of directors on April 10, 2018 and deliberated on

C. 1) On April 20, 2018, the Defendant’s third regular representatives’ meeting (hereinafter “previous representatives’ meeting”) shall be held in order to pass a resolution on the agenda, such as “approval for the appointment of the head of the branch office in subparagraph 1” at the fourth floor convention center of the E building located in Daegu-gu, Daegu-gu, Seoul-gu, to the fourth regular representatives’ meeting (hereinafter “previous representatives’ meeting”).

(2) On April 20, 2018, the previous board of representatives was held at around 14:00 on April 20, 2018, and the proposal set forth in subparagraph 1 was discussed in relation to the method of election, and it did not pass a resolution again while repeating a meeting and a inner part of it.

Accordingly, the chairman of the board of representatives F declared a recess after the expiration of the meeting place rental time, stating that “The meeting place rental time shall be in recess and shall notify the next schedule again.”

3) On April 23, 2018, F notified the representatives of the mobile phone text messages that “The 15:00 council in recessed shall belong to the party branch of the G Building (hereinafter “instant resolution”) on April 25, 2018, the board of representatives held around 15:00 on April 25, 2018 (hereinafter “the board of representatives”), among 35 members of the board of representatives, attended the meeting of representatives held around 15:00 on April 25, 2018. At the instant board of representatives, the said board of representatives approved H (18 marks, 13 marks, 16 marks, and 15 marks, respectively), I, and J (hereinafter “instant resolution”).

5. On the other hand, 22 representatives from among 35 members of the defendant representative council shall agree to appoint H, I, and J as the heads of each branch office.

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