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(영문) 서울동부지방법원 2019.10.24 2018가합107525
총회결의무효 등 확인의 소
Text

1. Among the instant lawsuits, the Defendant’s Intervenor, E, and F’s respective Defendant Association presidents, the Secretary General, and the Deputy Secretary General are nonexistent.

Reasons

1. In full view of the overall purport of Gap evidence Nos. 1 through 8 (including branch numbers in the case of additional numbers; hereinafter the same shall apply), Eul evidence Nos. 1 and Eul evidence Nos. 1, the defendant Association’s 41 general meeting (hereinafter “instant general meeting”) held on March 30, 2018, the president of the defendant Association at the time of the instant general meeting, the president of the defendant Association, and the articles of incorporation of the defendant Association provide that “a general meeting shall be held with attendance of a majority of the members subject to participation, and a resolution shall be made with the consent of a majority of the members present,” and the defendant Association’s general meeting at the time of the instant general meeting is 192, the quorum of the above general meeting shall be 97, since 27, persons present at the general meeting at the time of the instant general meeting, and on the other hand, 80 persons at the time of the instant general meeting shall be deemed to have submitted power of attorney to meet the quorum of 107, but actually failed to reach the quorum.

Therefore, the resolution on each agenda in the separate list held by the present assembly is null and void due to a serious defect below the quorum for the proceedings.

(A) Although the Plaintiff asserts that there is no fact that the general assembly of this case has resolved on each item of agenda listed in the separate list at the instant general assembly, it is not judged separately as to the above argument so long as the general assembly of this case becomes null and void as a quorum, as seen earlier. On March 7, 2018, the Intervenor joining the Defendant did not appear at the board of directors of the Defendant Association and expressed his intent to resign from the Defendant Association, and recommended the Intervenor as the succeeding president. The instant general assembly also expressed his intention to resign once at the meeting as the chairperson and moved the Intervenor as the new president, it is reasonable to assert the invalidity of the matters resolved at the general assembly of this case.

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