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(영문) 대전지방법원 2015.07.09 2014가합7753

종중대표자(도유사)선임결정에대한무효확인

Text

1. All of the plaintiffs' lawsuits against Defendant D are dismissed.

2. The plaintiffs' claims against Defendant C were all filed.

Reasons

1. Basic facts

A. Relevant Defendant C is a clan consisting of descendants who jointly set up E, and the Plaintiffs and Defendant D are members of Defendant C’s clan.

B. The main contents of the bylaws among the Defendants C among the Defendants C are as follows.

Article 7 (Convocation of Meetings)

1. The ordinary general meeting shall be set forth on October 13 of each year, and it shall substitute for the latter general meeting of shareholders;

(hereinafter referred to as the "Revision General Meeting"). A resolution of the agenda to be engaged in the Assembly in Article 9 (Resolution of General Meeting) shall be adopted if not less than 15 members are present at the meeting.

1.The bill shall be approved by the majority of the members present, and shall have the right to decision in the case of a motion and motion.

Article 13 (Power of General Meeting)

3.The election of similar, similar, and auditors and the chief executive officer of the clan of Section 16 shall be appointed by arranging advisers to the following:

1. Not more than two auditors, from among several advisers, one similar person, and not more than five similar persons;

2. Ratifications and election method advisers and the election of officers shall be held and elected at a general meeting pursuant to the provisions of paragraph 3 of Article 13;

Article 18 (Term of Office) The term of office of advisers and executives shall be three years, and they may be reappointed.

C. On November 15, 2013, at the ordinary meeting of the general meeting of the shareholders from among the Defendant C’s Class C, a resolution was adopted to appoint Defendant C as the representative of the Defendant C’s Class C (similar).

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2-2, Gap evidence 3-1, the purport of the whole pleadings

2. The plaintiffs' legality of the lawsuit against the defendant D

A. Defendant D’s main main defense against Defendant D’s main defense is the main defense of safety, and the plaintiffs asserted that the lawsuit against Defendant D is unlawful, since the lawsuit against Defendant C seeking confirmation that the resolution that the resolution that the plaintiffs appointed Defendant C as the representative of Defendant C’s main defense from the ordinary general meeting of November 15, 2013 to Defendant C is invalid is filed against a non-qualified person.

B. The court's decision 1 in terms of interest recognition criteria for confirmation, and, in the case of a suit for confirmation, the interest in confirmation.