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(영문) 대전지방법원 2018.11.28 2018가합102045

종중회장선임결의부존재 확인

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1. All the principal lawsuit of this case and the counterclaim of this case shall be dismissed.

2. Of the costs of lawsuit, the parts arising from the principal lawsuit.

Reasons

Facts of recognition

According to the facts without dispute, Gap evidence Nos. 1, 3, Eul evidence Nos. 1, 2, and 3 and the purport of the whole pleadings, the following facts are recognized:

The plaintiff is a clan consisting of adults aged 20 years or older among descendants of D.

C was elected as the president of the Plaintiff around February 2015.

On February 25, 2018, at the Plaintiff ordinary meeting (hereinafter referred to as the “instant ordinary meeting”) held on February 25, 2018, two representatives of the strike were elected for each six strikes, and 12 representatives of the strike so elected shall separately hold an executive meeting (hereinafter referred to as the “instant executive meeting”) and cast a vote to elect the chairperson as candidates for C and Defendant who opened the meeting. As a result of the ballot counting, C A and Defendant received nine votes.

Article 12 (Board of Directors) (1) The board of directors shall be composed of representatives from each strike, and meetings shall be convened by the chairperson and the chairperson shall preside over.

(5) The board of directors shall decide the following matters:

2. Matters concerning appointment and dismissal of officers;

5. Matters concerning the beams of officers and strike representatives: Provided, That paragraphs (1) and (2) shall be ratified by a general meeting;

Article 15 (Number of Officers) Each clan shall have the following officers:

(2) One chairperson (one chairperson) and (5) The term of office for executive officers shall be three years, but they may be reappointed consecutively, and the remaining term of office for executive officers appointed shall be the remaining term of their predecessors.

The provisions of the plaintiff's bylaws relating to this case are as follows.

The executive meeting of this case is not a meeting of the board of directors duly progress according to the rules of the plaintiff's meeting. Thus, the board of directors of the plaintiff who elected the defendant as the chairperson of the plaintiff does not exist, and C is the chairperson of the plaintiff.

The executive meeting of the defendant's assertion is a meeting of the board of directors duly progress in accordance with the rules of the plaintiff's meeting. At the plaintiff's meeting, the defendant is elected as the chairperson of the plaintiff's meeting and ratification of the above resolution at the general meeting of this case is made.

In this case.