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(영문) 수원지방법원평택지원 2016.09.28 2016가합8239

종중총회결의 무효확인 청구의 소

Text

1. A resolution to appoint D as the president of a clan from among the defendant clans held on January 10, 2016, at an extraordinary general meeting is null and void.

Reasons

Basic Facts

The 14-year-old E was the 8 children, including G, H, and I, and among them, G was transferred to the J, which is the F’s dead relationship.

The defendant is an organization similar to a clan consisting of descendants of the above G, H and I, which is the son of KM, and the plaintiffs are the members of the defendant.

On January 10, 2016, the Plaintiff A sent a text message to the Defendant’s members to hold the Defendant’s extraordinary general meeting on January 6, 2016, as the representative of the Defendant.

Plaintiff

B, as a member of the society on January 10, 2016, intended to proceed with the Defendant’s extraordinary general meeting, but failed to proceed with the meeting due to the disturbance in the country, and the Plaintiffs retired from the meeting.

Since then, some members remaining in the meeting have continued to conduct an extraordinary general meeting and passed a resolution to appoint D as the defendant representative.

(hereinafter “instant resolution”). On February 21, 2016, the Defendant, at the ordinary meeting of February 21, 2016, held a general meeting at a L restaurant on February 21, 2016 (third Sundays), and passed a resolution to confirm the instant resolution that appoints D as the Defendant’s representative.

(hereinafter “instant ratification resolution”). The parts related to the instant case in the Defendant’s Articles of Incorporation (No. 1; hereinafter “the Plaintiff’s Articles of Incorporation”) which were implemented from March 7, 2004, which were submitted by the Plaintiffs of the Articles of Incorporation, are as follows.

VI.(Executive Officers)The Board shall have the following officers:

1. Chairman: One person;

2. Two vice-chairpersons;

3. General affairs: One person;

4. Auditors: Two general meetings of the plenary session under Article 9 shall be convened at the end of October each year.

Provided, That if it is inevitable, it may be changed by a resolution of the board of directors.

An extraordinary general meeting shall be convened, if necessary, by a resolution of the board of directors.

Article 10 (Method of Convocation) An ordinary general meeting or an extraordinary general meeting shall be individually notified in writing or by other means.

§ 13 (Composition) The Council shall be composed of the Chairman, Vice-Chairman, Secretary, and Auditor 2.

From February 3, 2013, the defendant submitted.