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(영문) 의정부지방법원 2019.01.15 2017구합12983
총회결의 무효 확인
Text

1. All plaintiffs' lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

The defendant is a reconstruction improvement project association established for the purpose of implementing a housing reconstruction project in the Filth City of Southyang-si, and the plaintiffs were the members of the defendant.

On July 30, 2017, the Defendant held a general meeting of partners (hereinafter “instant general meeting”) and deliberated on each of the items listed in the separate list, and attended 684 members present at the written resolution among 1,135 members, 61 members directly present, and 745 members present at the resolution (hereinafter “instant resolution”).

[Grounds] The Defendant’s defense prior to the determination on the legitimacy of the Plaintiffs’ lawsuit as to the facts without dispute, Gap’s evidence Nos. 3, 12, and Eul’s evidence Nos. 2, and the purport of the entire pleadings, the Defendant held an extraordinary general meeting of association members on Nov. 10, 2018 after the resolution of this case and ratified the resolution of the general meeting of this case. The Plaintiffs’ claim of this case is merely seeking confirmation of past legal relations or legal relationship, and thus, is unlawful.

Judgment

According to the respective statements and the purport of the evidence of Nos. 30 through 41, the Defendant held an extraordinary general meeting of union members (hereinafter “instant extraordinary meeting”) on November 10, 2018 and deliberated on the items entered in the separate list again, and then made a resolution to ratification them as they are at the above general meeting (hereinafter “the resolution of ratification of this case”), and the Plaintiffs may recognize the facts that the Plaintiff attended the said extraordinary general meeting.

In the event that a resolution of ratification of the above previous resolution was made at an extraordinary general meeting of this case which was subsequently held thereafter, seeking confirmation of the invalidation of the previous resolution is merely seeking confirmation of the past legal relations or legal relationship, unless there are special circumstances, such as where the new resolution of the general meeting is deemed null and void due to defects or where the resolution is revoked, even if the previous resolution of this case is null and void.

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