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(영문) 의정부지방법원 2015.01.14 2014가합632

부당이득금반환

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is a clan with D who is five years of age in C City-5 and its children as a joint ancestor and is composed of descendants, and the defendant is the full-time chairperson of the plaintiff.

B. On February 16, 2013, at the Plaintiff’s extraordinary meeting (hereinafter “instant extraordinary meeting”) held on February 16, 2013, 36 members of the clan attended a resolution to dismiss officers (the president, vice president, auditor, director, and secretary) at the time and to elect F as the Plaintiff’s new president (hereinafter “instant resolution”).

C. The contents of the Plaintiff’s bylaws pertaining to this case are as follows.

Article 10 (Meetings)

1. The general meeting shall be held on October 7 each year, and the special meeting shall be held on October 7 when the chairperson deems it necessary and at the request of a majority of the directors or at least one third of the members of the general meeting;

Article 11 (Resolution) A resolution on the general and extraordinary general meetings shall be adopted with the attendance of not less than ten members and with the concurrent vote of a majority of the present members or more, and a resolution of the board of directors shall be adopted with the attendance of not less than two thirds of all members and with the concurrent

Article 12 (Matters to be Resolved) The matters referred to the general meeting shall be as follows:

3. Election of executives;

D. On July 31, 2014, the District Court rendered a judgment to confirm that the instant resolution that the Plaintiff appointed F as the president from the Extraordinary General Meeting of this case was null and void (2013Gahap11895), and the Plaintiff appealed and continues the appellate trial.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 10, 27 (including branch numbers in case of provisional number; hereinafter the same shall apply), Eul evidence Nos. 1, 2, and 15, the purport of the whole pleadings

2. The Defendant asserts that the instant lawsuit filed by F as the representative of the Plaintiff is unlawful, since the Defendant did not have a legitimate authority to represent the Plaintiff.

The representative of a clan shall be elected according to the rules of the clan or special practices, but if not, he/she shall be the head of the clan according to general customs.