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(영문) 광주지방법원 순천지원 2018.10.11 2018가합10761

임시총회 결의 무효 확인

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1. The Defendant confirms that each of the resolutions listed in the separate sheet set forth in the annexed sheet at the temporary closing session on September 4, 2016 is all null and void.

Reasons

1. Basic facts (applicable for recognition: Facts without dispute, Gap evidence 2, 3, 6, and 7 (including provisional numbers; hereinafter the same shall apply);

(i) the entry in Category B(1) and the purport of the entire pleading

A. The defendant is a clan member comprised of descendants of the E 11-year old descendants by making the E F as a joint ancestor, and the plaintiffs are the defendant's clan members.

B. On August 25, 2016, the Defendant, at the G press, publicly announced the following as the title “I” in the name of the president “I,” that the Defendant held a temporary middle-class general meeting (hereinafter “instant general meeting”) on September 4, 2016: (a) the D-type integrated agreement case; (b) the J and H’s case of civil action and withdrawal of criminal procedure; (c) the case of election of the new president and executive officers; and (iv) the case of expenditure disposal disbursed by J and H.

C. On September 4, 2016, the Defendant held the instant general assembly and made each resolution in the separate list (hereinafter “instant resolution”). D.

In accordance with the resolution of this case, the Defendant completed the registration of transfer of ownership on October 1, 2016 to L on October 7, 2016, changing the representative of each land listed in the separate sheet No. 2 (hereinafter “instant land”) into K elected by the president at the instant general meeting, and completed the registration of change of indication on October 25, 2016 to L on October 1, 2016.

Article 11 (Types and Solicitations of General Meetings) (1) The general meeting shall be the general meeting and the extraordinary general meeting.

(2) The ordinary general meeting shall be set once a year and shall be set on April fourth Sundays after the end of each fiscal year.

(3) The chairperson of a clan shall be entitled to convene meetings.

(4) The special meeting of the clan shall be convened when the president of the clan deems it necessary.

Article 12 (Matters to be Resolved) (2) (5) An act of acquiring or disposing of the property of the branch office and a resolution on appointment of the representative of the legal procedure following the said act shall be passed with the consent of a majority of the present members or more.

E. The parts related to the Defendant’s articles of incorporation (No. 7) are as follows.

2. The assertion and judgment

A. The plaintiffs' assertion ① The General Assembly of this case is not the president J. H at the time.