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(영문) 광주지방법원해남지원 2017.05.17 2016가합3038
계원총회결의무효확인
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The defendant is composed of 61 members of the fishing village fraternity, and the plaintiffs are all members of the fishing village fraternity.

B. On November 9, 2015, the Defendant held an extraordinary general meeting (hereinafter “instant extraordinary meeting”) and resolved to select D as the head of a fishing village fraternity.

C. Article 12 of the Criminal Procedure Act provides that a majority of the members of the community shall be present at the general meeting. The minutes prepared at the time of the special general meeting of this case include 33 of the 61 members present at the meeting, and the list of the members of the community fishing village fraternity attached thereto (hereinafter “the list of members of the community fishing village fraternity of this case”) bears the signature or seal of 37 of the members of the community fishing village fraternity.

[Ground of recognition] The items of evidence Nos. 1-1, 2, 2, and 3, and the purport of the whole pleadings

2. According to the minutes of the Extraordinary General Meeting of this case alleged by the plaintiffs (No. 1-1), 33 instructors present at the time of the Extraordinary General Meeting of this case are presented.

However, among the members who are signed or sealed by attending the instant special meeting in the Roster (No. 1-2 of the evidence No. 1-2 of this case), the number of members (i) E, F, G, H, I, J, K, and not less than seven persons did not have attended the instant special meeting, and (ii) L, M, N,O, and four or more persons were present at the instant special meeting on behalf of their spouse or children, etc., but they did not meet the minimum formal requirements, such as not submitting their power of attorney, and L, andO do not have any fact of delegation itself, they cannot be deemed to have attended the instant special meeting. (iii) In the case of three or more persons including P, Q, R and three persons, R cannot be deemed to have attended the instant special meeting, and R cannot be deemed to have returned to the instant general meeting with the attendance of three or more persons present at the instant general meeting, since they had been present at the instant general meeting with the signature or seal affixed by the members present at the instant meeting including P, Q affixed, and affixed their seals.

Therefore, this case.

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