종중총회결의무효확인의 소
The instant lawsuit is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. The defendant is a clan consisting of E 5 years of age, F 10 years of age, G 17 years of age, adult male, female member as a clan, the management of the ancestor cemetery for the ancestor, the management of the memorial services for the ancestor, and the promotion of friendship among the members of the clan, and the plaintiff is a clan member of the defendant.
B. The Defendant’s general assembly of this case was held on February 15, 2019 at the general meeting of the general meeting of the general meeting of the general meeting of the general meeting of the general meeting of the general meeting of the general meeting of the general meeting of the general meeting of the general meeting of the general shareholders of the Defendant, and 30 members of the Defendant
C. The Plaintiff asserted that there was a defect in the convening procedure of the instant general meeting, and the Defendant sent a notice of convening an extraordinary general meeting on February 27, 2020 to all of 173 members listed in the final meeting, and on February 28, 2020, publicly announced to I on February 28, 2020, in order to hold an extraordinary general meeting of March 15, 2020 (hereinafter “instant extraordinary meeting”).
In the instant special meeting, 42 of the Defendant’s senior members directly attended, and four of them delegated voting rights to the senior members who attended the said special meeting. A resolution to re-elect the executive officers elected at the instant election resolution with the consent of a majority of the foregoing general meeting (hereinafter “the instant ratification resolution”).
E. Meanwhile, the president was the president of the defendant before the election resolution of this case, and the main contents of the rules of the clan of this case are as follows.
Article 3 (Composition) of the Rules of the clans Association (Composition) The members of the clans Association shall consist of E 5 years of age, F 10 years of age, G 17 years of age, adult male and female among the descendants of G 17 years of age.
Article 12 (Appointment of Officers) (1) The Chairperson, Vice-Chairperson, Directors and Auditors shall be elected at a general meeting with the consent of a majority of the members present at the meeting.
(2) The chairperson shall appoint the secretary.
Article 15 (General Meetings) (1) The highest deliberative organ of this Sub-Council shall be the general meeting, and the general meeting shall be divided into the general meeting and the extraordinary general meeting.
(2) The ordinary general meeting shall be held in January of each year.