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(영문) 수원지방법원 2016.12.23 2016가합2706
총회결의취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff’s assertion and the Defendants are members of the D Association, which are local governments of the mountain site owners in G in the city of Gyeonggi-si. The mountain resort site owners in G in G in the city of Gyeonggi-si.

On May 22, 2016, Defendant B, the Chairperson of the D Council, held the D General Meeting (hereinafter “instant General Meeting”) on May 2, 2016, and 15 of the D General Meeting, among 42 members of the D General Meeting, Defendant C and H run for the presidential election of the Chairperson, and 14 of the members present at the D General Meeting, were 7 persons present at each C and H, and voting was cast at that rate.

Nevertheless, the defendant C notified the members of the DD to the effect that he/she was appointed as the president of the DD, and seek a judgment such as the purport of the claim.

2. A lawsuit seeking revocation of a resolution that appointed Defendant C as the president and seeking the appointment of a person entitled to convene a meeting of the D general meeting, such as a lawsuit seeking revocation of a judgment as to the legitimacy of the lawsuit of this case, can be brought only when there are explicit provisions in law (see, e.g., Supreme Court Decision 2000Da45020, Jan. 16, 2001). The lawsuit of this case against the Defendants is unlawful, since there are defects in the general meeting of this case. Thus, it constitutes a lawsuit seeking revocation of a resolution that appointed Defendant C as the president and seeking the appointment of a person entitled to convene a meeting of the D general meeting of the D

3. As such, the instant lawsuit is unlawful and thus, it is so decided as per Disposition by the assent of all participating Justices.

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