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(영문) 서울고등법원 2020.07.23 2019나2050879
총회결의무효
Text

1. The judgment of the court of first instance is modified as follows.

On June 29, 2019, the attached list prepared by the defendant at the extraordinary general meeting.

Reasons

1. The grounds for this part of the underlying facts are as follows, and the corresponding part of the judgment of the court of first instance (the corresponding part of the judgment of the court of first instance, No. 2-7, “1. Basic Facts”) is identical to that of the judgment of the court of first instance, except for dismissal or addition as follows. Thus, they are cited in accordance with the main sentence of

On February 3, 2020, the part of the first instance judgment No. 5, 12, "at the end, during the appeal from the beginning to the end of the appeal," was revised to "at the end of the appeal but the appeal was dismissed on February 3, 2020."

[Articles of incorporation (including a written resolution) and a majority of present partners (including a written resolution) at the general meeting pursuant to the regulations on the election management from among union members, shall be a person who has obtained the consent of a majority of union members at the general meeting.

Provided, That where a vacancy occurs during the term of office, the board of representatives shall be appointed as a substitute among the members.

(6) The board of representatives may determine necessary matters, such as registration of candidates for the election under paragraph (2), procedures for elections, etc.

Article 20 (Establishment of General Meeting) (1) Partnership shall hold a general meeting consisting of all its members.

(4) An extraordinary general meeting shall be held when the head of an association deems necessary.

However, in any of the following cases, the head of the association shall hold a general meeting within two months from the relevant date:

1. A request stating the purpose of a general meeting by at least 1/5 of members;

In such cases, the expression of intent to propose shall be accompanied by a seal imprint affixed thereto.

(5) Where a request or a request under each subparagraph of paragraph (4) is made and the president of a cooperative fails to convene a general meeting within two months without any justifiable reasons, the auditor shall convene the general meeting without delay, and where the auditor fails to convene the meeting, the representative of the person who requested the convocation under each subparagraph of paragraph (4) shall convene it after obtaining approval from

Article 24 (Establishment of Board of Representatives) (1) An association shall have a board of representatives.

(2) The number of representatives shall be at least 1/10 of members.

(4)

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