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(영문) 서울서부지방법원 2018.11.29 2017재가합1026
총회결의무효확인
Text

1. Revocation of the decision subject to quasi-examination;

2. The plaintiff (quasi-Appellant)'s claim is dismissed.

3. The total cost of the lawsuit.

Reasons

1. Basic facts

A. The Defendant is an organization established for the purpose of protecting and fostering birds and animals, conducting academic research on the ecology of birds and animals, and exchanging with international wild animal protection organizations.

Plaintiff

A is an executive of the branch of the defendant's Gyeonggi-dong area, and the plaintiff B is an executive of the branch of the defendant's Gyeonggi-do area.

B. On April 13, 2017, the Defendant opened an extraordinary general meeting to elect the president of the Association (hereinafter “instant extraordinary meeting”).

In the above extraordinary general meeting, 6 members including the plaintiffs (executive officers and branch presidents) were present, and D 11 of the total number of 14 members including 8 representatives who delegated voting rights to E who are the chairman of the above general meeting, and F was elected as president of the Association (representative director) by obtaining 3 votes.

(hereinafter referred to as “instant resolution”). C.

On June 9, 2017, the Plaintiffs filed a lawsuit against the Defendant seeking confirmation of invalidation (2017Gahap34325) against the Defendant at the Seoul Western District Court, and entered the Defendant’s representative in F.

F is served with a duplicate of the complaint and submit a formal written answer to the effect that the Plaintiff’s argument is fully admitted, and the F was not present on the date of pleading on September 20, 2017.

On September 22, 2017, the above court rendered a ruling of recommending reconciliation (hereinafter referred to as “decision of recommending reconciliation in this case”) stating that “the resolution in this case made by the Defendant is invalid,” and the said decision became final and conclusive on November 11, 2017, on the grounds that the Plaintiffs and F did not raise any objection thereto.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3 (including each number), Eul evidence Nos. 1 to 22, the purport of the whole pleadings

2. Judgment as to the existence of a ground for quasi-examination

A. In a lawsuit seeking confirmation of the invalidity or non-existence of a resolution which elected a representative of a juristic person or an unincorporated association or foundation under the Civil Act, the representative of the organization shall be the representative elected by the resolution which became the object of claim for confirmation of nullity or non-existence.

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