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(영문) 광주고등법원 2019.07.12 2018나24836
유치권 부존재 확인
Text

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

1. Acknowledgement and alteration of the judgment of the court of first instance are cited by the main sentence of Article 420 of the Civil Procedure Act, since the reasoning of this court is the same as that of the judgment of the court of first instance except for dismissal or addition as follows:

Part 3 sets aside the "compact and conformity" of Part 4 as "conformity".

Part 5, 9, and 10, “The result of this Court’s order to submit documents for the time when the documents are circulated” shall be deleted.

Part 6, No. 14 and 15 of "No. 1" are described as "No. 15, 17 through 20 of A, and No. 1 of A".

The 7th parallel 2 to 8th parallels are as follows.

② Of the 51 members of the Plaintiff’s association, 23 members of the instant special meeting were present and 8 members were present. On February 1, 2018, 2018, the Plaintiff, after the public announcement of holding the special meeting, sent the Plaintiff by registered mail to the union members on January 25, 2018, the “Notice of holding the special meeting” was accompanied by the general meeting materials (Evidence A5). The above general meeting materials include the following items: (a) eight of the 18 members who participated in the request for convening the special meeting, directly attended the general meeting, and the rest of the members, who participated in the special meeting, were aware of the proposal and contents of the amendment. As alleged by the Defendant, most of the Plaintiff members of the instant special meeting did not record the amendment of the regulations in the public announcement of holding the special meeting, and even if the specific contents of the regulations are not stated in the written resolution, it is difficult to deem the amendment of the regulations to be null and void solely on the ground that the amendment of the regulations is indicated below.

"2. The defendant."

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