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(영문) 인천지방법원 2014.12.05 2013가합21488

종중총회결의무효확인 등

Text

1. It is confirmed that the resolution of the general meeting of the clan dated November 9, 2013 by the defendant and the resolution of the board of directors on November 27, 2013 by the board of directors is invalid, respectively.

2...

Reasons

1. Basic facts

A. The status of the parties and the defendant's clans, etc. 1) The defendant is a clan grouped by Jung and composed of descendants, and the I clan consisting of descendants of H, the male descendants of G (hereinafter "I clan") for its branch members.

) The KSJ consisting of descendants from the J, South and North Korea (hereinafter referred to as the “KJ”)

Therefore, the defendant's members are divided into the members of I and I and the members of K. The plaintiffs are the members of I and I and the members of the defendant clan. 2) The major contents of the resolution of the general assembly and the board of directors among the defendant's summary and organization regulations are as follows:

Article 5 (Qualifications of Members) of the Defendant’s Closing (amended on March 7, 2011), the qualification of the members of this clan shall be limited to a person who has taken the prescribed procedures in accordance with the organizational regulations as his/her descendants as his/her descendants.

Article 10 (Executives) This subdivision shall have the following officers:

A small number of advisers, at least 10 senior members, one chairperson, one vice-chairperson, ten directors (including the chairperson and the vice-chairperson), two auditors, the chairperson, the vice-chairperson, the director, and the auditor shall be elected at a general meeting.

Article 17 (Composition)

1.The Assembly shall be the highest deliberative organ of this sub-council, and the delegates representing its members shall be composed of not more than twenty to not more than thirty persons.

2. The method for election of representatives shall be prescribed by organizational regulations;

3. The term of office of representatives shall be three years; and

Article 19 (Functions of General Meeting) The functions of General Meeting shall be as follows:

3. Election of executives and assistant election;

Article 20 (Quorum)

1. A general meeting shall be held with the attendance of a majority of all the registered delegates, and pass resolutions with the concurrent vote;

section 21 (Composition omitted) The board of directors shall be composed of directors.

Article 23 (Functions of Board of Directors)

1. Formulation of business plans;

2. Preparation of budgets and preparation of settlement of accounts;

3. Management of property;

4. Establishment, amendment, or destruction of regulations;

5. Deliberation on agenda items to be referred to a general meeting;

6. Resolution on a disciplinary action against a member;

7. Matters delegated by the general meeting. Article 24 (Quorum)

1.The board of directors shall be a majority of the registered directors.