총회결의무효확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The defendant is a clan that is composed of the 11-year-old descendants of C, D, and the plaintiff is a member of the defendant clan.
B. In the past, the representative of the defendant was the plaintiff, and the Jung-Government District Court 201Kahap9829 filed a lawsuit seeking confirmation of the non-existence of the status of the plaintiff as the chairperson of the defendant. The above court decided on August 31, 201 that "the plaintiff shall not perform his duties as the chairperson of the defendant, and shall not appoint E as the defendant's chairperson during the period of suspension of his duties, and the period of acting as the defendant's president was set up until the time when the principal lawsuit becomes final and conclusive."
C. In the instant case, the District Court Decision 2011Gahap9829 decided August 1, 2014, stating that “the Plaintiff is not in the position of the Defendant’s president,” and, on the same day, extinguished the power of the Defendant’s acting director E as the Defendant’s acting director.
On December 21, 2014, the defendant held a general meeting of shareholders at the F in Macheon-si, 13:00, and elected E as the representative of the defendant.
E. The Plaintiff filed an application against E for the provisional disposition of suspending the performance of duties with the Jung-gu District Court 2015Kahap104, and the above court rendered June 19, 2015, on the ground that “A resolution passed at the general meeting of December 21, 2014 by the Assembly of December 21, 2015 to elect E as the president is difficult to recognize its validity because it did not go through legitimate procedures for convening a general meeting, and if it is difficult to recognize its procedural legitimacy, to allow the effect of the election of the president and other resolutions made at the general meeting of December 21, 2014, the other dispute arises and it is highly likely that property damage will occur to the above sub-council,” and “E shall not perform its duties as the Defendant’s president until the judgment becomes final and conclusive” (hereinafter “instant provisional disposition order”).
F. G, the Defendant’s co-appellant, was July 6, 2015.