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(영문) 서울고등법원 2019.03.27 2016누73766
사업시행계획총회의결무효 확인의 소
Text

1. Revocation of the first instance judgment.

2. The Defendant, on October 23, 2015, passed a resolution at the extraordinary general meeting as the agenda No. 3.

Reasons

1. Summary of grounds for appeal;

A. The “case of the resolution of the project implementation plan (amended)” as referred to in Article 24(6) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 13508, Sept. 1, 2015; hereinafter “former Act”) on the agenda of subparagraph 3 of the special meeting held on October 23, 2015 (hereinafter “instant special meeting”) refers to the increase of the cost of the maintenance and improvement project by at least 10%. Thus, in order for the resolution to be lawful, the consent of at least 2/3 of the members should be obtained pursuant to the proviso to Article 24(6) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No

However, since the consent rate of the special meeting of this case does not meet the requirements due to the following reasons, the change plan of the project implementation of this case should be invalidated or cancelled because the defect is serious.

B. In calculating the number of the entire members of the instant special meeting, the Defendant, on the ground that T is in the position of a cash clearing agent, excluded from the total number of members, and T is the Defendant’s member, and should include it.

C. The Defendant, who is short of the consent rate due to the forgery of on-site voting papers, voluntarily manipulates the results of field voting at the special meeting of the instant case as the consent rate on-site voting and written resolution falls short of 2/3 of the total number of union members. The Defendant declared the result of the instant change in the project implementation plan as follows: “The number of 246 persons, 1 persons, 5 persons, and 5 persons,” respectively.

Since then, the defendant made the appearance that conforms to the results of the compiled calculation by having U keep a forged supporting vote and opposing vote. D.

According to the defendant's articles of incorporation that violates the provisions of the defendant's articles of incorporation and fall short of the consent rate, members may exercise their voting rights in writing, and the written resolution shall arrive by the day before the general meeting is held.

However, the document letter 26 copies do not state the date of submission or the date of preparation is the case.

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