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(영문) 서울고등법원 2017.12.08 2017나2028465
조합장당선인 지위확인 등 청구의 소
Text

1. The plaintiff's claim that the court changed in exchange is dismissed.

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

Reasons

The court's explanation of this case is identical to the grounds of the judgment of the first instance, except for the modification, deletion or addition of some of the grounds of the judgment of the first instance as follows. Thus, this case is quoted by the main sentence of Article 420 of the Civil Procedure Act.

Additional deletion and alteration of the part of the judgment of the court of first instance shall be changed from 8th to 10th of the 3rd of the judgment of the court of first instance, "to seek confirmation on the ground that the number of votes obtained by the plaintiff is more than D and that the plaintiff has obtained the status of the elected person as the president of the association."

No. 3 of the first instance judgment and No. 18 through No. 19 of the first instance judgment, “No. 37 of the total written resolution of H, etc. received before a general meeting book or written resolution reaches a partner shall be deleted.”

Chapter 21 of the first instance judgment shall be amended to " Chapter 26".

No. 3 of the judgment of the first instance to No. 4 of the 21st to No. 1 of the 3rd judgment, “The 16th written resolution,” shall be deleted, and the 4th written resolution, “the sum of 98 pages” shall be changed to “the sum of 44 pages”.

제1심판결문 제3쪽 제19행의 “⑤”를 “④”로, 제20행의 “⑥”을 “⑤”로, 제4쪽 제1행의 “⑧”을 “⑥”으로, 제2행의 “⑨”를 “⑦”로, “⑩”을 “⑧”로 각 변경한다.

The fourth part of the judgment of the first instance shall be amended to “38”, and “a total of 38 written resolution” shall be added to “a total of 38 written resolution,” which is “a written resolution by JN already died at the general meeting of this case, (9) a written resolution by JO, which does not invalidate even after being present at the general meeting after submitting a written resolution and being issued a ballot paper.”

According to the evidence No. 126 of the first instance judgment No. 7 of the fifth instance judgment, "this part of the plaintiff's assertion is without merit," the plaintiff's employees are illegal, such as fabrication of private documents.

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