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(영문) 의정부지방법원 2016.01.22 2015가합50351

임원지위 부존재확인 등

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1. The Plaintiff (Counterclaim Defendant)’s counterclaim against the Defendant (Counterclaim Plaintiff) and the Defendant (Counterclaim Plaintiff) C.

Reasons

1. Basic facts

A. The defendant clan is a clan consisting of descendants who jointly set up D 23 years old E.

B. Among the rules of the defendant clan, the main contents of this case are as follows.

Article 2 The clans shall be composed of B descendants.

Article 5 This clan shall have the following organizations:

(a) General meetings;

(b) The general meeting under Article 6 of the board of directors shall be divided into the general meeting and the special meeting, and the general meeting shall be held at the Sejong History of October 8 of each year, and the special meeting may be convened by a similar person, if necessary, by a resolution of the board of directors;

Article 7 A general meeting shall be established by the number of persons present on the day of the general meeting from among E descendants, and shall be resolved with the consent of a majority of the incumbent

Article 9 shall have the following organizations:

(a) One similar person;

(b) Ten similar persons.

(c) Two auditors (one auditor, one for the F and one for the G wave).

(d) Standing advisers shall serve as ex officio the portion of standing advisers who serve similar to the Do, and the other part of standing advisers shall be charged at the board of directors.

Article 10 (Do Similar and Auditor) The Do Similar and Auditor shall be elected at the general meeting, and similar shall be appointed after consultation with the adviser, and the term of office shall be two years.

Article 15 (Do Similars) shall exercise overall control over the affairs of this clan on behalf of the clans, and shall preside over all meetings of the general assembly and the standing society, and shall exercise voting rights when the resolution is approved and approved.

C. At the ordinary meeting of the defendant clan, which was held on November 21, 2012 (No. 8, 2012, the defendant C was elected as the Dominium of the defendant clan, and H around that time, supported the defendant C as the general secretary of the defendant clan and carried out the duties of the defendant clan by assisting the defendant C.

On November 29, 2014, the general meeting of the defendant clan was held at the cemetery E (M. 8, 2014). Defendant C and H, etc. declared the suspension of the meeting on the ground that “ many members of the clan attend the meeting and make it impossible to confirm whether they are members of the clan.” Some members including the defendant C left the above place.

E. The number of approximately 93 members of the clan, including the plaintiff, who were remaining in the ancestor cemetery, are to be the Speaker pro tempore.