총회결의무효확인청구의 소
1. The defendant's appeal is dismissed.
2. Upon the claims added by this Court, the Defendant dated November 11, 2018.
1. Basic facts
A. The defendant is a clan that makes D. 18 years old E as a joint ancestor.
The plaintiff is a defendant's clan member who is appointed as the chairperson of the defendant at an extraordinary general meeting held on January 16, 2016.
B. On April 18, 2017, the Defendant’s clan F sent a letter-certified mail stating that with the consent of 47 members of the Defendant’s clan including himself, the Plaintiff requires the Plaintiff to carry out the procedures for convening special general meetings, including appointment of executive officers (the vice-chairpersons and directors), the establishment of a clan (registration), the management of a clan property (cash), the cancellation of the entrusted management of real estate owned by a clan, and the transfer of ownership to a clan.
On April 24, 2017, the Plaintiff sent a content-certified mail to F to refuse to convene the said special meeting.
C. On May 1, 2017, F and G sent a notice of convening an extraordinary general meeting, the purpose of which is to hold, on May 20, 2017, an extraordinary general meeting with the intent of meeting, such as the reconsideration of the current president and the management of family property (cash) to the clan members of the defendant in their name. D.
The Defendant’s special meeting (hereinafter “instant special meeting”) was held on May 20, 2017 according to the above notification. In the instant special meeting, the Plaintiff was dismissed from the chairperson of the Defendant and the resolution to appoint C as the chairperson of the Defendant (hereinafter “resolution of the instant special meeting”).
E. On November 11, 2018, some of the Defendant’s clans held a general meeting (hereinafter “instant general meeting”). At the instant general meeting, 19 members of the Defendant clan attended to dismiss the Plaintiff from the Defendant’s chairperson once again, and a resolution to appoint C as the Defendant’s chairperson (hereinafter “resolution of the instant general meeting”).
F. The Defendant’s rules, amended on March 27, 2016, applicable at the time of the instant extraordinary general meeting and the instant general meeting (amended by March 27, 2016; hereinafter “Defendant’s rules”), are the Defendant.