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(영문) 광주지방법원 2019.12.12 2019가합51562

문중임시총회결의무효확인 등 청구

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1. On April 21, 2019, the part of the Plaintiff’s primary and conjunctive claims, as well as the claim for nullification of the resolution of the ordinary general meeting of shareholders, respectively.

Reasons

1. Basic facts

A. The Defendant’s door consists of descendants by jointly setting Cmph 19 years old as Cmph 19 years old group, and is largely divided into D’s children E, F, and G’s descendants.

B. Around 2017, H, the president of the Defendant, died.

C. In the special meeting of the Defendant literature held on September 3, 2017, the agenda was presented to the “election of a clan representative and appointment of a president” and the Plaintiff was appointed as a clan representative, but the president was not elected.

On May 19, 2018, at the special meeting of the defendant literature held on May 19, 2018, the plaintiff was elected as the representative to deal with the legal acts such as the receipt of land compensation and transfer of ownership due to the expropriation of the Nam-gu, Gwangju and J, the real estate owned by the defendant literature, and the amendment of the rules in the defendant literature

E. On November 3, 2018, at an extraordinary general meeting of the Defendant’s literature held on November 3, 2018, the following matters, such as appointing K as the chairperson of the Defendant’s literature, were resolved:

① Amendment of the Rules in the Defendant’s door (2) confirms that the Plaintiff’s appointment of executive officers among the Defendant’s door (3) was a violation of the Rules in the door that the Plaintiff used to acquire specific real estate due to the expropriation of the real estate owned in the door without going through the resolution of the general meeting, and then approves the board of directors to take appropriate measures, including legal remedies. ④ Resolution to change the representatives on the entire registered matters of the real estate in the door to two or more joint representatives among L, M, N (N (N) the entire registered matters of the real estate owned by the Defendant’s door to be changed to five or more joint representatives. ⑤ The Plaintiff’s amendment of the Rules in the door to make the list individually, confirmed the illegality of the act that the Plaintiff intends to include the property in the existing Defendant’s door, and then approved the board of directors to take appropriate measures, including legal remedies. (F) At the ordinary meeting held on April 21, 2019.