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(영문) 전주지방법원군산지원 2015.09.24 2015가합580

종중결의무효확인

Text

1. On November 29, 2014, the Defendant appointed C as the Defendant’s president at an extraordinary general meeting and the temporary operating committee on December 29, 2014.

Reasons

1. Facts of recognition;

A. On November 29, 2014, the Defendant’s closing-off and 43 others held an extraordinary general meeting and expelled the Plaintiff from the Defendant’s president and resolved to appoint C as the Defendant’s president.

In addition, on December 29, 2014, E and 22, who are the Defendant’s operating members, held a provisional steering committee and expelled the Plaintiff from the Defendant’s Chairperson and resolved to appoint C as the Defendant’s Chairperson.

Section 9. This subdivision shall have the following bodies:

1. General meetings:

2. An operating committee;

3. The functions of each agency under Article 10 of the Operating Committee shall be as follows:

1.The Assembly shall be composed of members of a clan and shall have the following functions:

(3) The number of operating committee members (5) and other necessary matters.

3.The Operating Committee shall be composed of all officers and members separately appointed, and shall have the following functions:

(2) Each of the meetings of this sub-council of § 11 of the appointment and dismissal of officers shall be convened and chaired by the chief commissioner of the sub-council.

Article 12 A general meeting shall be held twice a year at the end of March and the end of September, and may hold an extraordinary general meeting, if necessary.

(1)(1) The Operating Committee shall hold six times a year as a long-term, and may hold an extraordinary session when deemed necessary by the head of the all-child group.

(2) At the request of at least one-third of the operating members, a meeting may be held immediately.

The following matters of the Council shall be resolved by the Steering Committee with the consent of at least 2/3 of the incumbent members, and at least 2/3 of the members, and shall be reported to the general meeting:

2. Appointment and dismissal of executives;

B. The main contents of the Defendant’s bylaws of the relatives association are as follows.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. Determination

A. According to the facts as to the invalidity of the resolution of an extraordinary general meeting on November 29, 2014, the appointment and dismissal of the Defendant’s executive officer is not a matter of the resolution of the operating committee and is not a matter of the resolution of the general meeting (Article 10(3)2 of the rules of the clan Association), and the Defendant’s subordinate members are the Plaintiff from the Defendant’s president at the extraordinary general meeting.