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(영문) 대구고등법원 2017.12.28 2016나27178
조합원 임시총회 무효확인의 소
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. The first instance court sentenced the judgment of the first instance court to the effect that the resolution on the agenda item of [Attachment 1] No. 2 is invalid upon the Plaintiffs’ request.

Among the judgment of the court of first instance, since the defendant did not appeal against the judgment of the court of first instance regarding the resolution of the above Paragraph (2) above, it was excluded from the scope of the judgment of the court of first instance, and according to the plaintiffs' appeal, only the invalidity of the resolution of the above Paragraph (1) among the judgment of the court of first instance is subject

2. The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act

3. In conclusion, the plaintiffs' claim to nullify the invalidity of the resolution of the special general meeting as to the annexed list 1 Item 1 shall be dismissed as it is without merit, and the judgment of the court of first instance is justified as the conclusion is consistent with this, and all appeals by the plaintiffs shall be dismissed as it is so decided as per Disposition.

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