종중회장선거무효확인
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The facts following the facts do not conflict between the parties, or can be acknowledged by comprehensively taking account of Gap evidence Nos. 1-5, Gap evidence No. 9, and Eul evidence No. 1 and the purport of all pleadings.
The defendant is a clan that makes K descendants aged 19 years or older as its members.
B. On December 1, 2013, the Plaintiff, as the Defendant’s member, was elected as the Defendant’s representative at the Defendant’s ordinary meeting.
However, around 2010, the defendant's clan C, who was elected as the representative of the defendant, filed a lawsuit seeking confirmation of the representative of the defendant in the Daejeon District Court on March 4, 2014, which was the Daejeon District Court's 2014Kahap768. On September 19, 2014, the plaintiff filed an application for suspension of duty and provisional disposition of appointment of acting representative with the Daejeon District Court's 2014Kahap93.
C. On October 10, 2014, the instant provisional disposition application case constituted conciliation between the Plaintiff and C as follows (hereinafter “instant conciliation”).
1. The Plaintiff shall not perform the duties of the Defendant’s representative until an extraordinary general meeting for the appointment of a new representative is held under the supervision of the acting representative under the following 2.
2. During the period of the above suspension of execution, attorneys D (hereinafter referred to as “representative representative of the defendant”) shall be appointed as representative of the defendant’s representative.
3. Ascertainment that the representative appointed by the above extraordinary general meeting has legitimate power of representation of the defendant.
1. On December 7, 2014, the representative representative of the defendant shall convene an ordinary general meeting of 2014, the agenda of which is the election, etc. of the chairperson of the defendant at the 12th floor of the General Meeting of Fweb Holdings in Busan City, the 15:00, and shall run the ordinary meeting.
2. The plaintiff, who was the representative of C and the defendant, may give a notice of convening the above general meeting to its members, and thereafter, he/she shall not raise any objection against the legality of the notice of convening the above general meeting.
3. If the defendant's member fails to attend an ordinary general meeting under paragraph (1) and submits a power of attorney, he/she shall designate the delegated person and affix his/her seal to it.