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(영문) 수원지방법원성남지원 2017.10.20 2016가합207269

대표자등지위부존재확인

Text

1. The defendant's resolution at the ordinary general meeting of the clan dated February 26, 2017 is invalid.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. The status of the parties is a clan that jointly sets up a "F" of 57 years of age among the Emphs, and the plaintiffs are the members of the defendant's clan.

B. A dispute has occurred between the defendant and the defendant's clan members, including the dispute between the defendant and the defendant's clans, over several occasions over the validity of the resolution of the general meeting of the clans on the sale of real estate owned by the defendant, etc., and the plaintiff A and the defendant were convicted of the crime that "the plaintiff Gap did not arbitrarily consume or refund the money kept by the defendant, and embezzled the money held by the defendant" [Plaintiff A: Suwon District Court Decision 2014Da141 decided October 8, 2015, Seoul High Court Decision 2015No302 decided May 27, 2016, Seoul High Court Decision 2014Da373 decided August 19, 2014, Seoul High Court 2014; 2014No2741 decided November 28, 2014].

C. On November 21, 2016, G, which is the plaintiffs and the defendant's clan members, G, and H filed a lawsuit of this case against the defendant, the defendant, I, J, and K, for the reason that "I, J, and K selected as the defendant's representative on November 10, 2013, as the defendant's president, J elected as vice president, and K, as general secretary, violated the defendant's articles of incorporation on November 10, 2016, such as "I, J, and K, who are not in the position of the chairperson, vice president, and general secretary of the defendant's clan, are not in violation of the defendant's articles of incorporation without convening an ordinary general meeting of the clan," and that "I, J, and K confirmed that the defendant's clan members were not in the position of the defendant's president, vice president, and general secretary of the clan," and that the defendant's resolution was invalid as to the amendment of the name of the defendant's clan, the amendment of the articles of association, and the resolution of 16."

3 On December 8, 2016, the Plaintiff C, the Defendant’s clan members, H, L, the Defendant’s clan support against the Defendant in Suwon District Court.