종중임시총회결의무효확인의 소
1. Each resolution that the Defendant, at an extraordinary general meeting on June 19, 2016, appointed F as the general secretary, G as the finance officer, H, and I as the auditor.
1. Basic facts
A. The parties to the case are the clans with JC 34 years old set up in K, and the plaintiffs are the members of the defendant's clan.
B. On January 24, 2016, a lawsuit was filed against the Defendant to seek confirmation of invalidity of the resolution, which appointed N as the Defendant’s president, as the final cause of the Defendant’s resignation, and on June 15, 2016, the conciliation was concluded between the said parties to confirm that the said resolution was invalid.
C. L calls for convening an extraordinary general meeting under L is to be held at P on June 19, 2016 in the name of the Defendant’s head office (43 years of age, 1932 male) and to 112 members who can communicate from June 9, 2016 to June 13, 2016 in the name of the Defendant’s head office (12:1 to June 13, 2016. Defendant’s head office is the head office of the Defendant. Defendant’s special general meeting is to be held at P on June 19, 2016. The thickness of the head office is to contact with siblings, male lineal ascendants and descendants and to actively participate in the special general meeting. The head office is to send a notice of call to Q Press by mail along with the contents that “the head office is to guide an extraordinary general meeting among the types, date and time: 10:30 on June 19, 2016: The place of public meeting, place of agenda, and election of the president.”
On June 19, 2016, the Defendant held an extraordinary general meeting (hereinafter “instant extraordinary meeting”) and passed a resolution to appoint L as the president, F as the president, G as the finance officer, H, and I as the auditors, while the 54 members of the instant special meeting were present.
(hereinafter “instant resolution”) L resigned from the Defendant’s position as the president during the instant lawsuit.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4 through 7, 11, Eul evidence No. 3 (including branch numbers, hereinafter the same) and the purport of the whole pleadings
2. Determination
A. The summary of the cause of the claim in this case is invalid as the following defects are found to exist.
1) L calls for the instant special meeting under the name of O (O in 1932), but the O (O in 1932) is not the Defendant’s co-existence. Moreover L (O in 1932) goes against the birth of 1932.