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1. The plaintiff (appointed party)'s appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).
Reasons
1. The reasoning for this part of the facts admitted by the court is the same as that of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Summary of the parties’ assertion
A. Article 13(1) of the Defendant’s summary of the Plaintiff’s assertion provides that “a member who wishes to withdraw shall withdraw from the general meeting by submitting an application for withdrawal to the general meeting.” This is null and void in violation of Article 716(1) of the Civil Act, which provides that even if a member wants to withdraw, it would result in the decision of a majority of the members who have a stake in making it impossible to withdraw from the general meeting, thereby infringing on the freedom of association guaranteed by the Constitution, thereby infringing on the freedom of association and other social order.
Therefore, pursuant to Article 13(1) of the null and void Articles of incorporation, not to Article 13(1) of the Civil Act, but to Article 716(1) of the Civil Act and Article 13(4) of the Defendant’s Articles of Incorporation, the Plaintiffs, a member of the Defendant, may withdraw voluntarily even if they do not go through a general meeting resolution unless they are at the time disadvantageous to the Defendant or unless they are at the time of business difficulties, and even if there is any inevitable reason to the Defendant
However, the defendant does not have any business difficulties at present, and there is an inevitable reason to withdraw from the association because of the destruction of personal trust relationship between the plaintiffs and the representative director D of the defendant, due to the inequality and conflict between the plaintiffs and the representative director D of the defendant. As long as the plaintiffs expressed their intent to withdraw from the association by the delivery of the copy of the complaint of this case, they shall be deemed to have withdrawn from the association of the defendant. Thus, the defendant is as shown in the column for indication of the shares listed in the attached