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(영문) 서울고등법원 2020.11.19 2020나2012149
총회결의무효확인
Text

Of the judgment of the first instance, it is confirmed that the resolution to appoint the Z as the president at the ordinary meeting of the defendant on March 25, 2017 is null and void.

Reasons

Basic Facts

The reasoning for this part is as stated in the corresponding part of the judgment of the court of first instance, and thus, this part of the judgment is cited, including the attached Form, pursuant to Article 420 of the Civil Procedure Act.

The Defendant’s defense prior to the merits, which was common to each of the instant resolutions (the purport that the Plaintiff was not the Defendant’s subordinate personnel), is identical to the statement of the grounds for this part of the court of first instance from July to August 8, 200, under the text of Article 420 of the Civil Procedure Act, and thus, this part of the grounds are acceptable.

In a lawsuit seeking confirmation of invalidation or non-existence of a clan's defense regarding a resolution of appointment of a clan on March 25, 2017, on the ground that there is a defect in the resolution of appointment of a new executive officer of the same clan, the lawsuit seeking confirmation of invalidity or non-existence of a resolution of appointment of a new executive officer does not hold a position as the executive officer any longer due to the expiration of the term of office or resignation, etc. and subsequent appointment of a new executive officer is made, barring special circumstances, such as where the resolution of appointment of a new executive officer is non-existence or invalidation due to a defect in the procedure or content, or where non

(1) In light of the overall purport of the statements and arguments in the Evidence Nos. 18 through 26, the Defendant held a general meeting on March 23, 2019 at the expiration of the 13th president and passed a resolution on the re-election of the Z as the 14th president. The first instance judgment of this case where the Z was elected as the 13th president, based on the determination that the appointment of the Z was invalidated on March 25, 2017, and that the Z has resigned from the Defendant’s position on February 26, 2020, and the Defendant held a general meeting to elect the president on March 28, 2020 and passed a resolution on the selection of Q as the 15th president.

As to this, the plaintiffs are subject to the notification of notification by the defendant on behalf of the defendant.

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