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(영문) 서울중앙지방법원 2019.07.12 2017가합561181
공동의회 결의 무효 확인
Text

1. A resolution made by the Defendant on July 16, 2017 regarding the “case of amendment of the articles of association” among the joint council resolutions made by the Defendant is null and void.

Reasons

1. Basic facts

A. The defendant is a branch church belonging to W religious organization (hereinafter referred to as the “instant religious organization”) affiliated with the YNo Association (hereinafter referred to as the “this case’s association”).

The defendant's party council is composed of a standing pastor and a patriarch, and the plaintiffs are working as the members of the defendant's association, as the patriarche, the collecting company, the right company, or the house office.

B. On June 4, 2017, the Z, the president of the party branch of the Defendant, as the agenda item, “cases of amendment of the articles of incorporation, etc.” was attached to the summary of the agenda item on June 11, 2017.

In summary, the summary of the defendant's articles of incorporation stated that "location, intention and quorum of the party meeting, fiscal year," and "case of amendment of the articles of incorporation" for the purpose of the amendment of "accounting books inspection and enforcement date of the amended articles of incorporation," etc. is an agenda.

C. After that, at the temporary meeting of the Defendant on June 11, 2017, a resolution on the amendment of the articles of incorporation was made with respect to the “case of the amendment of the articles of incorporation,” that is, Articles 3(location), 9, 11 (Organization and Decision-making of Operating Place) and 37 (Fiscal Year) of the Defendant’s articles of incorporation, and a resolution to newly establish a separate account book and a supplementary table (hereinafter “instant resolution”).

The “A” of Article 3 of the Defendant’s Articles of Incorporation, which was convened on July 16, 2017, shall be deemed to be “AB,” and Article 9(3) shall be deemed to be “AB,” and the resolution of a party meeting shall be approved by the attendance of not less than half of the members present at the meeting and with the concurrent vote of not less than two thirds of the members present at the meeting: Provided, That the resolution of the party meeting shall be approved by the attendance of not less than two thirds of the members present at the meeting and with the concurrent vote of not less than two thirds of the members present at the meeting and not less than two thirds of the members present at the meeting.” The resolution of the party meeting shall be approved by the attendance of not less than half of the members present at the meeting and with the concurrent vote of not less than one half of the members present at the meeting.

Provided, That the appointment and dismissal of a master tree, the appointment and dismissal of a master, and the appointment and dismissal of a master.

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