회장선임결의무효확인 등 청구의 소
1. There is no resolution that appoints the defendant as the president of the Plaintiff at an ordinary meeting of class A, which was held on November 8, 2013.
1. Basic facts
A. The plaintiff is a clan that has D 11 years of age E as a joint ancestor, and holds a general meeting of shareholders on June 10 of each year.
The defendant is a person who served as the 21st chairperson of the plaintiff from October 6, 2010 to October 5, 2013 as the head of the plaintiff's family.
B. The main contents of the Plaintiff’s bylaws concerning the appointment of executive officers are as follows.
Article 8 (Executives). The meetings shall have the following officers:
1. Chairman: one person;
2. Four vice-chairpersons;
3. Not less than five directors:
4. Auditor: two persons,
5. General affairs: one person;
6. Advisor: several names,
7. The preceding commissioner: Number of persons under Article 9.
1.The Chairperson and the Auditor shall be elected by the Assembly, and the Directors shall be appointed by the Board of Governors on the basis of region and door and shall recommend the suitable and shall obtain the approval of the Assembly.
Article 10 (Term of Office for Officers)
1. The term of office of officers shall be three years and they may be reappointed;
Article 14 (Classification and Convocation of General Meetings): A general meeting shall be divided into an ordinary general meeting and an extraordinary general meeting, and the general meeting shall be held every year at the time of over 2/3,00, and the president shall immediately announce and call an extraordinary general meeting when requested by a resolution of the board of directors or by filing two-thirds or more bills.
Article 15 (Functions of General Meeting): A general meeting shall adopt:
3. Article 16 (Establishment and Resolution of General Meeting): At least 20 members present at a general meeting, and pass a resolution with the consent of a majority of all the members;
Provided, That matters concerning the dismissal under Article 15 (3) and the property under paragraph (4) shall be decided with the consent of at least 2/3 of the members present.
Article 21 (Minutes): The minutes shall be prepared after the completion of meetings of each level, and shall be preserved with the signatures and seals of the Speaker and at least one executive officer present.
[Reasons for Recognition] Unsatisfy, entry of Gap 1 through 3, the purport of the whole pleadings
2. Determination on this safety defense
A. The Plaintiff’s president C, who filed the instant lawsuit on behalf of the Defendant’s assertion, was elected at the extraordinary general meeting of March 9, 2014, and the said extraordinary meeting has no authority to convene the meeting.