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(영문) 서울고등법원 2016.07.21 2016나136
총회결의무효확인
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

The basic fact is that the plaintiff (appointed party, hereinafter referred to as the "Plaintiff") is the third person, the Selection is the E-product residing in Dongdaemun-gu Seoul Metropolitan Government B apartment (hereinafter referred to as the "B apartment"), and the defendant is an organization comprised of older persons aged 65 years or older who reside in B apartment with the aim of contributing to social development, such as enhancing the rights and interests of older persons and promoting their welfare and volunteer activities.

On April 28, 2014, the Plaintiff submitted to the Defendant by mail a written application for membership registration prepared in the name of 72 members of B apartment tenant, including the Plaintiff and the Selected D (hereinafter “Plaintiff, etc.”) (see, e.g., the above mail reached the Defendant on April 29, 2014, and the Defendant’s preparatory document No. 23, 2016, Mar. 23, 2016). The above written application for membership registration states that “The above person shall comply with the articles of association and all regulations of the Korean Senior Citizens Association when joining the apartment center in B apartment, and shall permit the performance of the rights and obligations as a member of the instant senior citizen center in good faith.”

On April 30, 2014, the Defendant: (a) filed an application for membership with the Plaintiff under Article 3-2 of the Welfare of Older Persons Act, the Korean Senior Citizens Association (hereinafter referred to as the “Korea Senior Citizens Association”); (b) and (c) of the Local Organization Operational Rules (Membership); and (c) paid KRW 20,000 to the Plaintiff for membership fee (hereinafter referred to as KRW 10,000, monthly membership fee after membership) pursuant to Article 24(3) of the same Regulation.

On the other hand, around 12:00 on May 7, 2014, the Defendant held a general meeting (hereinafter “instant general meeting”) on the same agenda as indicated in the separate sheet No. 2 as indicated in the separate sheet No. 2, and passed a resolution, such as re-electioning F as Chairperson, as indicated in the separate sheet No. 2, (hereinafter “instant resolution”). On the minutes of the instant general meeting, 23 of the total members attended the instant resolution and 23 of all members agreed on the agenda indicated in the separate sheet No. 2.

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