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(영문) 청주지방법원영동지원 2017.05.31 2015가합607

총회결의무효 확인의 소

Text

1. The Defendant confirms that a resolution on each item on the agenda stated in the separate sheet at the Assembly on January 3, 2014 is null and void.

2...

Reasons

1. Facts of recognition;

A. The defendant is a non-legal entity entity comprised of the heads of households residing in the Chungcheong-dong Gri (hereinafter “Gri”) and its members. The plaintiffs are the heads of households residing in Gri, and they are the members of the defendant.

B. On January 3, 2014, around 20:0, the Defendant’s resolution of the general assembly on January 3, 2014, at around 20:36, among the 52 members of the Defendant’s total members, passed a resolution on each of the agenda items indicated in the separate sheet, including the agenda items selling 85,190 square meters of the Defendant’s property (hereinafter “instant land”) at the unanimous value of the members present at the general assembly (hereinafter “the instant general assembly resolution”). The resolution was prepared by the instant general assembly resolution.

C. The part related to this case in the defendant's Saemaeul Code defendant's Saemaeul Code (hereinafter "the Rules of this case") is as follows.

Article 1 (Purpose) The purpose of this Code is to achieve the Saemaul by prescribing matters necessary for the joint disposal of our village work by collecting power.

Article 4 (General Assembly) (1) A general meeting shall be held to process village affairs. (2) A general meeting shall be held under the bottom of the burner trees symbolizing the village.

Provided, That it shall be an out-to-date or in the winter iron.

Article 5 (Members) (1) Members of a general meeting shall be the head of each household residing in G Ri (dong).

Provided, That where the householder is unable to become a member, the person designated by the householder from among adults in the relevant household shall be the member.

(2) A member shall lose his/her membership by being removed from Glyri.

(3) Even if a member is disqualified under the preceding paragraph, if a pre-determined agreement exists, he/she shall have the rights determined in such agreement.

Article 7 (Executives) (1) A general meeting shall have one president and one general secretary.

(2) The chairperson shall have an objection, be responsible for the affairs of the general meeting, and shall preside over the meeting at the meeting.

(3) The general affairs shall be.