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(영문) 인천지방법원 2020.08.28 2019가합681
어촌계총회결의무효확인
Text

The instant lawsuit is dismissed.

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

Reasons

1. Basic facts

A. On February 27, 2018, the Defendant, a fishing village fraternity, held a general meeting of shareholders (hereinafter “instant general meeting”) and made a resolution identical to that indicated in the separate sheet (hereinafter “instant resolution”). On February 22, 2018, the Defendant did not notify all members including the Plaintiff of the purpose of the instant general meeting of the general meeting when notifying them of the convocation in writing.

B. On February 25, 2020, the Defendant held a board of representatives to re-resolution the instant resolution.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 7, the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff’s resolution of this case is null and void for the following reasons.

1) When convening the instant general meeting, the Defendant violated the convocation procedure under Article 25 of the Defendant’s Articles of Incorporation, which provides that the members shall give a notice of convening a general meeting, stating the purpose of the meeting seven days prior to the opening of the general meeting. 2) Since the majority of the members did not appear at the general meeting of this case, the Defendant did not meet the quorum under Article 27 of the Defendant’s Articles

3) A resolution to amend the articles of incorporation in attached Table 1 among the instant resolution (hereinafter “resolution to amend the articles of incorporation of the instant case”).

As to the defendant's articles of incorporation, Article 26 (2) of the Act provides that "no modification of the articles of incorporation shall take effect without obtaining authorization from the head of the Si/Gun/autonomous Gu through a resolution of the general meeting," and the defendant did not obtain authorization from the head of the

B. Although it is recognized that there was a defect in the convening procedure of the general assembly of this case, the defendant held a representatives meeting on February 25, 2020 and ratified the resolution of this case again, the defect was cured.

3. Determination on the legality of the instant lawsuit

(a) If a member of an association which is not a legal entity has held a general meeting to confirm the defective previous resolution or made a resolution on the same agenda again, that new general meeting shall be held.

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