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(영문) 대구고등법원 2020.06.26 2019나26473
총회결의부존재 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. The reasoning of the judgment of this court cited in the judgment of the court of first instance is as follows. The Defendant’s assertion emphasized in this court is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the following “3. Additional Judgment”, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The second part of the judgment of the court of first instance using the second part’s “N” as “H” and the third part’s “similar” shall be deleted.

From the fourth bottom of the judgment of the court of first instance, the term "gold" in the second sentence shall be filled with "gold", and the term "member" in the seventh sentence shall be filled with "member" in the second sentence.

The testimony of the witness Q in Part 3 of the 8th judgment of the first instance court shall be used as the testimony of the witness Q of the first instance court, and each of the “the instant resolution” in Part 9, 10, and 11 shall be applied to the “each of the instant resolutions”.

The 10th 10th 10th 10th 10th 10th 10th 10th 10th 10th 10th 1st 5th 5th 5th 5th 13th 15th 15th 15th 15th 1,300,000 won.

3. Additional determination

A. The Defendant’s assertion that the F was a member of the Defendant, transferred his membership status to the Republic of Korea, thereby losing the status of the Defendant’s member, and H was employed as the Defendant’s member and went away from the Defendant, and voluntarily withdrawn from the Defendant.

Therefore, there is no room for the Plaintiff to succeed to the status of a member due to the death of F who already lost the Defendant’s membership, and otherwise, the Plaintiff did not go through the procedure of joining the Defendant.

Therefore, the plaintiff cannot be viewed as holding the defendant's membership.

B. In full view of the following circumstances, the Plaintiff’s evidence Nos. 2, 4, 6, 13 through 16, 21, and Eul’s evidence Nos. 1, 3, and 5 (including each number), and the purport of partial testimony and oral argument of the witness Q of the first instance trial, which can be known by the overall purport of the testimony and oral argument of the witness Q of the first instance trial.

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