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(영문) 서울북부지방법원 2015.12.03 2015가합1752
총회결의무효확인
Text

1. The Defendant confirms that a resolution entered in the attached list at the General Meeting for Appointment of Officers on May 7, 2014 is null and void.

2...

Reasons

1. Basic facts

A. 1) Plaintiff (Appointed Party, hereinafter “Plaintiff”)

) The Claimant is, the Claimant is, the E-B apartment in Dongdaemun-gu Seoul (hereinafter referred to as “B apartment”)

2) The Defendant is an organization that is composed of the aged 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 the aged, promoting their welfare, and volunteer activities.

B. (1) On April 28, 2014, the Plaintiff and the Defendant D (hereinafter “Plaintiff, etc.”) shall be the Plaintiff and the Appointor D (hereinafter “Plaintiff, etc.”)

(2) On April 30, 2014, the Defendant sent a reply stating that “I will directly submit an application for membership to the Plaintiff, and pay KRW 20,000 won to the Plaintiff for membership” to the Plaintiff on April 30, 2014, stating that “I will comply with the articles of association and all regulations of the Korean Senior Citizens Association when I have joined a senior citizen center in B apartment (hereinafter “the senior citizen center in this case”).”

C. 1) The Defendant’s general assembly of the instant center for senior citizens (hereinafter “instant general assembly”) on May 7, 2014 as the same agenda as indicated in the attached list at the time of May 12, 2014.

A) A resolution to re-election F as Chairperson, such as holding a meeting and re-appointing F as shown in the attached list (hereinafter “instant resolution”).

(2) According to the general meeting minutes of this case, the resolution of this case is written with the attendance of 23 members from among 27 members and with the consent of all 23 members.

【Ground of recognition” without any dispute, Gap evidence 1-1, 2, 2-2, Gap evidence 6-1, 2-2, Eul evidence 2 (the answer sent by the defendant to the plaintiff on April 30, 2014), Eul evidence 5 and 6, and the purport of the whole pleadings

2. The plaintiff's argument of this case is as follows.

(b)such as paragraph (1);

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