logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.05.31 2016나2072748
매매대금반환
Text

1. Of the judgment of the court of first instance, the part against the Defendants shall be revoked, and against the Defendants corresponding to the above revoked part.

Reasons

1. The court's explanation on this part of the basic facts is the same as the part of "1. Basic Facts" in the judgment of the court of first instance. Thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination on this safety defense

A. The Defendant’s assertion (i) L is unlawful, because L is not a legitimate representative of the Plaintiff for the following reasons.

㈎ L을 대표자로 선출하였다고 하는 2015. 3. 11.자 정기총회 이하 '2015년 정기총회'라 한다

the following defects shall be null and void:

① The ordinary general meeting in 2015 was illegally conducted since L side deprived of the opposite members' free opinion and opportunity to participate, such as mobilization of police upon reporting an assembly in accordance with the Assembly and Demonstration Act.

② The amendment of the instant rules requires the concurrent vote of at least 2/3 of the incumbent members to which the qualification of a candidate for the president was restricted, and the resolution for the amendment of the rules at the ordinary general meeting in 2015 did not obtain the concurrent vote of at least 2/3 of the incumbent members. Therefore, such amendment has no effect.

Therefore, in order to become a candidate for the president, it is necessary to be qualified as a director in accordance with the instant bylaws, but the resolution to appoint a person as a representative who is not a director at the time of the above general meeting is null and void.

(3) The ordinary general meeting in 2015 is held by a M who has no authority to preside over the general meeting, and is in violation of the procedure.

(4) It is unlawful that one clan member openly cast multiple ballot papers by preparing and voting a number of copies of a clan or by making several votes for one clan member several times.

㈏ O이 원고의 2015. 7. 20.자 총회에서 적법한 대표자로 선임되었다.

㈐ L은 2016. 9. 25.자 총회에서 제명되었다.

Shed Plaintiff’s clan did not go through the resolution of the legitimate clan general assembly with respect to the filing of the instant lawsuit, and the instant lawsuit is unlawful.

B. (1) Determination L.

arrow