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(영문) 대전지방법원 2020.09.09 2019가합108811

회장권한부존재확인

Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. The defendant is a clan made of H as a joint ancestor and its descendants, and the plaintiffs are the members of the defendant's clan.

The summary of the clans in relation to the instant case is as follows:

(The number of the clans I is the number of the clan members identified. The number of the clans D (Defendant): The clans D (Defendant): The clans (218) the members of which are four of the children of J as a joint ancestor (hereinafter referred to as "the clans of this case") the members of which are four of the children of H (218) H as a joint ancestor (hereinafter referred to as "the clans of this case"): The clans K (63) of the Republic of Korea (39 of the case"): The plaintiff A and L, etc.: The N clans (83 of the plaintiff, etc.) belonging to the plaintiff, Eul, etc.: the NA and P, etc.

B. In the Defendant’s special meeting held on May 7, 2018 (hereinafter “special meeting”) held on May 7, 2018, the Plaintiffs, L, E, Q, and R decided to hold the special meeting in order to discuss the sale and purchase of the land and the election of executive officers of Daejeon-gu, Daejeon (hereinafter “instant land”). C. On May 12, 2018, the Defendant held an extraordinary meeting by 27 members attending the special meeting (hereinafter “special meeting”) following the resolution (hereinafter “the resolution of this case”).

(1) A new executive group shall be organized after the resignation of all existing executive groups.

Resignation: The Chairperson (L), the General Affairs (P), the Four Directors (B, C, A, and Q): the Chairperson (E), the General Affairs (S), the Four Directors (B, C, T, Q) 27 members present at the 27 members present at the 27 members of the 4 members of the 27 members of the 14 members, and the 14 members supporting the 14 members.

(3) A new executive officer shall delegate his/her authority concerning the sale and purchase and the distribution of property to him/her.

(4) The land shall be distributed equally to all members as soon as possible after sale, and the Category D shall be dissolved thereafter.

(C) The following facts: Gap evidence 2, Eul evidence 1, Eul evidence 1, 5, 6, 15 (including virtual numbers; hereinafter the same shall apply), each statement, the purport of the whole pleadings, and the purport of the whole pleadings.

2. Summary of the parties' arguments

A. Article 18 of the Rules of the Defendant’s clan provides that the convening of the general meeting shall be ten days before the date of the meeting.