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(영문) 서울중앙지방법원 2021.01.08 2019가합542993

회장선출무효확인의 소

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1. On April 11, 2019, the Defendant confirms that a resolution in which C was elected as president at an ordinary general meeting of shareholders is null and void.

2...

Reasons

1. Basic facts

A. The defendant is a clan set up DC E, and the plaintiff is a member of the defendant's clan.

B. On April 1, 2019, the Defendant: “1. 2018 Report on Settlement of Accounts and 2019 Budget Deliberation by 107 members of the clan;

2. Replacement of executives;

3. On April 11, 2019, a notice was issued to convene an ordinary general meeting on “other matters” at the F clan’s office (Defendant’s upper clan).

(c)

On April 11, 2019, the Defendant made a resolution to appoint a former president C as a president (hereinafter “instant resolution”) with the consent of 12 members from among the members in the middle of attendance while 24 members among the members in the actual attendance at the general meeting (hereinafter “instant general meeting”).

(d)

The main contents of the defendant's clan rules (hereinafter referred to as the "Rules of this case") are as follows:

Article 1 (Name) This Article shall consist of the clans Association B

section 3.2.

Article 3 (Purpose) The purpose of the 3th session is to commemorate the ancestor spirit as a non-profit organization, to manage and preserve the memorials, relics, remains and spacifics, above-mentioned discussions, literatures, sarnaments, and memorials, and to inspire friendships between species and descendants and to develop in the future.

Article 4 (Qualification of Members) The members of the plenary session shall be male who is at least 20 years of age and is supported by the purpose of final medicine as E afterma.

Article 5 (Rights and Duties of Members)

A. Every member of the plenary session has a voting right and suffrage.

Article 6 (Fixed Number of Officers) This Section shall have officers as follows:

(a) Article 7 (Election of Officers) one chairperson;

(a)the president, vice-chairpersons and auditors shall be elected by the Assembly;

Article 8 (Term of Office)

(a) The term of office of the chairman, vice-chairman, director and auditor shall be three years and they may be reappointed;

Article 9 (Rights and Duties of Officers) The powers and duties of officers are as follows:

(a)the Chairperson shall represent, preside over all the affairs and preside over all the meetings;

§ 10. Organization of Congress

(a)The Assembly shall be composed of its members;

(b)The Assembly shall convene two months each year and, if necessary, decide on the extraordinary meeting at the meeting of the Council.