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(영문) 서울중앙지방법원 2019.10.11 2019가단5008248
주주권확인
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Judgment on the main defense of this case

A. Defendant B, the main safety defense of Defendant B’s association (hereinafter “Defendant B association”), has no capacity to do so under the Civil Act, and the lawsuit against Defendant B association is unlawful.

The distinction between a union and a non-corporate body which has no legal personality under the Civil Act, but is recognized as an association, should be judged on the basis of the strongness of the organization.

Even an organization with the name of a union under the Civil Act shall establish rules which have its own purpose and have a decision-making body and an executive body as a basis therefor, and the decision-making body or execution method shall be carried out by the principle of majority majority. An organization shall continue to exist regardless of its members' accession, withdrawal, etc., and an organization shall have the substance as a non-corporate group in cases where its organization determines important matters as a representative method, operation of a general meeting or board of directors, etc., composition of capital, management of property, or other organization.

(3) The general meeting decision-making is made by the majority, ④ the qualification, expulsion, withdrawal, etc. of a member, and the fact that the defendant union itself remains in existence regardless of the change of the member, ⑤ the method of representative, and the method of representation, in addition to the promotion of friendship among the members of the association and the contribution to the promotion of active distribution, the defendant union's management of the defendant union H (hereinafter referred to as "non-party company") under the defendant union.

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