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(영문) 서울고등법원 2017.11.24 2015나2058936

대여금반환 등

Text

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.

Reasons

1. Basic facts

A. The defendant is a clan consisting of persons aged 20 or older among descendants of D, and C is a defendant's clan member and a person who held office as the defendant's chairperson from November 14, 2004 to November 6, 2016, and the plaintiff was a director as the defendant's member.

B. The part relating to this case in the defendant's articles of incorporation is as follows.

Article 7 (Selection Method and Term of Officers) This subdivision shall have the following officers:

1. The officers of this sub-council shall consist of one chairman, one vice-chairman, one secretary general, one financial accounting officer, five directors and one auditor;

2. The Chairperson shall succeed to D lineal descendants ex officio.

The Vice-Chairperson, the secretary general, and the financial accounting shall be appointed by the Chairperson.

The directors who have learned from among the officers and five questions shall be elected one month before the regular director general meeting, and the term of office shall be three years.

Article 10 (General Meetings) The general meetings of this Section shall be divided into the general and extraordinary general meetings.

1.The closing session shall meet annually a City/Do ordinary meeting.

2.The ordinary meeting shall be held on the first Sundays of October, 199, which is the date set for D's agenda, at the local level.

Article 11 (Function and Approval of General Meeting)The General Assembly shall deliberate on:

1. The acquisition, disposal, lease, use, profits, etc. of the property of the Governing Council shall be replaced by the resolution of the board of directors and reported by the president at the next ordinary meeting.

Article 12 (Vicarious Execution of General Meeting)

3. Admission to a clan property, purchase and sale of land, or all acts on property shall be executed after the final approval has been received from D lineal descendants, and the acts performed shall be reported annually to the general meeting book;

5. All property acts of lineal ascendants and descendants shall also be exercised only through a resolution of the board of directors and the majority of the general meeting; and

Article 14 (Board of Directors)

1. The board of directors shall be comprised of five persons, each of five lineal ascendants and descendants of D, and the chairperson, vice-chairpersons, general affairs, and financial accounting shall be ex officio directors, and the chairperson shall have the representative;

2.The Council shall have a regular director general meeting, regular board of directors, temporary board of directors and sub-councils.

The chairman of the board of directors.