종중총회결의 무효확인
1. The part of the judgment of the court of first instance regarding the lawsuit shall be revoked.
2. The Defendant (Counterclaim Plaintiff) on March 2, 2014.
1. On March 2, 2014, the Plaintiff sought confirmation of invalidity of a resolution to appoint C as president from the ordinary general meeting of shareholders in March 2, 2014 against the Defendant as president, and D as vice president. Accordingly, on March 1, 2014, the Defendant sought confirmation of absence of the Plaintiff’s position as president appointed at the general meeting of shareholders in March 2014 against the Plaintiff as counterclaim.
The first instance court dismissed the plaintiff's main claim and dismissed the defendant's counterclaim.
The defendant's counterclaim is excluded from the judgment of this court, since only the plaintiff appealed on the part against which the plaintiff lost.
2. Basic facts
A. On March 27, 2011, the Defendant decided to appoint the president of the ordinary general meeting and the president of the F shall be a clan in which E is a common vessel; on March 27, 2011, the Defendant held a general meeting of shareholders and passed a resolution to appoint F as president and L vice-president.
B. A complaint against the Chairperson F and a special general meeting on September 24, 2011) G of the Defendant clan filed a complaint with the investigative agency to the effect that “F has embezzled KRW 30 million from the deposit account of the Defendant clan to another account.” The prosecutor affiliated with the branch office of the Suwon District Prosecutors’ Office issued a disposition to the F on October 26, 201, against the charge of F. Meanwhile, G and H did not call a notice of convening a general meeting on September 24, 201, as the auditor of the Defendant clan in the capacity of the Defendant clan, on the following grounds: “Consultation about countermeasures against the withdrawal of KRW 30 million from among the members of the president’s clan without permission.”
In the above special meeting, a non-Confidence resolution was passed to appoint D as a new chairperson.
(hereinafter “Resolution on Special General Meeting”) (hereinafter “Resolution on September 24, 201”).
On September 24, 2011, F of the lawsuit to nullify the invalidity of the resolution of the extraordinary general meeting was convened not only by the convening authority but also by an auditor who has no convening authority. The F of the lawsuit to confirm the invalidity of the resolution of the extraordinary general meeting was based on the reason that the defendant was the defendant as the branch court of Suwon District Court 201Gahap2639, and the notification for convening the extraordinary meeting was not required by