beta
(영문) 대전고등법원 2018.05.09 2017나14343

총회결의무효확인

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff, including the part arising from the supplementary participation.

Reasons

1. Basic facts

A. Both the Plaintiff, the Intervenor, and the Defendant E are members of the clan of the Defendant (hereinafter “Defendant or the Defendant clan”), and the Nonparty is the father of the Plaintiff.

Article 4 (Qualifications of Members of the clan) The members of the clan shall consist of members of the clan who are not less than 19 years of age with B bad debt H descendants.

Article 12 (Functions) The general assembly of clans shall adopt resolutions with respect to the following matters:

6. Matters concerning the management and disposition of property; and

1.The ordinary meeting shall be held automatically once a year (No. 14th of October), and shall recognize the progress of the meeting regardless of the number of participants present.

2.The Chairperson shall convene an extraordinary meeting at the request of at least 1/2 of the officers of the board of directors or at the request of at least 1/5 of all the members.

3. The Chairperson may, if necessary, convene an extraordinary general meeting.

Article 14 (Quorum for Resolution) Any decision shall be made with the affirmative votes of a majority of the members present and a majority of the number of present members, unless otherwise stipulated.

B. The articles of incorporation of the defendant clan on April 11, 2010 set forth as follows:

24 years of age 25 years of age 26 years of age 26 years of age 27 years of age 29 years of age 29 years of age 29 years of age 29 years of age h AE AE AF (Life AG) E F AH (Plaintiff), W AI AC AJ AJ AG AP AP C (Life AO), AR AV AV AV AV AF (Shipment), AU AV AV AV AV AV AY AZ BB BDBF

C. The parts related to the instant case in L.C. L. 2003 (A. No. 1-4) are as follows:

At present, in addition to the clan members identified in the above paragraph (c), the clan members of the defendant clan consisting of 48 adult female clan members and descendants who are not recorded in the above clan members.

E. On March 1, 2014, the Defendant held an extraordinary general meeting (hereinafter “instant extraordinary meeting”) and made a resolution to sell 10,945 square meters of land DD in Sejong Special Self-Governing City with the consent of 45 persons among 60 persons present (hereinafter “instant resolution”).

F. On January 30, 2017, the Defendant held an extraordinary general meeting and adopted the first ratification resolution to ratification the instant resolution, and on July 8, 2017.