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(영문) 의정부지방법원 2013.05.15 2012가합11638

소유권이전등기

Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit shall be borne by C (D) (No. 103, 1704, 1704, if any).

Reasons

1. Basic facts

A. The Plaintiff is a clan naturally formed for the purpose of the preservation and management of the insular and mountain species and the promotion of friendship among the members of the clan, and C and the Defendant B, who filed the instant lawsuit on behalf of the Plaintiff’s clan, are the clan members of the Plaintiff’s clan.

B. The main contents of the Articles of Incorporation (hereinafter “Articles of Incorporation”) are as follows.

Article 7 (Composition of Officers) (1) The Association shall have the following officers:

(a) Article 8 (Election of Officers) (1) The election of officers shall be decided by a majority at the general meeting, but in the case of obtaining the same number of votes, the appellant shall take precedence over others, and in the case of the same paragraph, it shall be extended;

Article 10 (Duties of Officers) (1) The Chairperson shall represent and exercise overall control over the principal meeting and shall preside over the general meeting and the board of directors.

Article 12 (Convocation of Special General Meeting) (1) The Chairperson shall issue a notice stating agenda, date, and place of convocation seven days prior to the convocation of a general meeting (excluding an ordinary general meeting).

(2) The general meeting may adopt resolutions only for the matters of which special resolutions have been notified.

Provided, That this shall not apply to general resolutions.

Article 13 (Matters to be Resolved by General Meeting) A general meeting of shareholders shall adopt the following matters as the highest resolution body at the plenary session:

(1) Special resolutions.

(b) Appointment and dismissal of executives;

(c) Article 14 (Holding of General Meeting) (3) Where a request for convening a meeting of the members equivalent to 1/5 of the members of the clans is made, the chairperson shall convene such meeting, and where the chairperson refuses to convene a meeting 14 days after the request for convening such meeting, the convocation requester may convene such meeting in accordance with the procedure set forth in Article 12.

Article 15 (Quorum of General Meeting) (2) A resolution for special matters may be adopted only when the notice of convening an extraordinary general meeting is issued according to the procedure for convening an extraordinary general meeting.

Article 21 (Operation and Management of Property) (2) Operation and management of the closed property shall be governed by a resolution of the board of directors.

C. On October 30, 201, among the plaintiffs, C at an extraordinary general meeting.