logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2019.01.31 2018다227520
조합총회결의 무효확인
Text

All appeals are dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

1. Regarding ground of appeal No. 1

A. Article 20 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”) prescribes different methods of resolution at a general meeting in accordance with the specific provisions of the articles of association regarding the amendment of

Specifically, the consent of more than 2/3 of the union members is required, the consent of a majority of the union members is required, and the change is possible according to the method of ordinary general meeting resolution.

If a union intends to modify the provisions of various articles of association in which the requirements for a resolution are different as above at a general meeting, it shall explain in advance to the union members about the quorum necessary for the modification of each provision, and make it clear whether each provision has been passed by dividing the quorum by the same provision and voting by the same provision.

In a case where the quorum, without a prior explanation of the requirements for the resolution of each clause, has to be held in a lump sum without distinguishing various provisions, if the result of the voting failed to obtain some necessary quorum for the change, the entire draft amendment of the articles of incorporation shall be deemed to have been rejected unless there are special circumstances, and it shall not be deemed that only the part of the clause is resolved separately from the port in which the quorum is satisfied.

It is because the amendment of the articles of incorporation governing the legal relations of group law should be decided objectively and clearly.

B. The lower court: (a) the amendment of the instant articles of incorporation constitutes a full amendment or modification of the 57 provisions of the existing articles of incorporation; and (b) the amendment contains a considerable number of provisions that require the consent of at least 2/3 of the members of the association or the consent of at least a majority of the members of the association; and (b) all the members of the instant articles of incorporation.

arrow