회장지위확인 청구의 소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Basic facts
A. The defendant is a clan comprised of adults aged 20 years or older among the descendants of D 13 large descendants E.
From 1999 to the present, the defendant continues to have a civil or criminal dispute between the members due to the sale of forest land located in the G in the G in the city of Tae-si and the distribution of the price.
B. C was elected as the president of the Defendant at an extraordinary general meeting on August 26, 2014.
C. Around September 14, 2015, 150 Defendant F et al. (hereinafter referred to as “F, etc.”) (hereinafter referred to as “F, etc.”) requested C to convene an extraordinary general meeting to dismiss C and elect a new president, on the ground that C does not have any qualification, such as causing damage to the Defendant by inappropriate response in the relevant civil case.
(hereinafter “instant request”) D.
On September 16, 2015, C asked F, etc. to state its position on F, etc., and answer to F, etc. to the purport that F, etc. should confirm and determine the intention of F, etc. at a certain time if F, etc. wishes to impeachment the Chairperson.
E. On September 18, 2015, immediately following the reply to the instant request for convening an extraordinary general meeting, C issued a notice of convening an extraordinary general meeting with “an amendment and establishment of the subordinate Articles of Incorporation” as an agenda item. On September 30, 2015, C held an extraordinary general meeting. The agenda items on the removal and election of the president requested by F, etc. during the said notice of convening an extraordinary general meeting or the extraordinary general meeting were not discussed or discussed together.
F. F, etc. decided to convene an extraordinary general meeting on behalf of C, and around October 15, 2015, sent a notice of convening an extraordinary general meeting to all members. On October 25, 2015, the F, etc. held an extraordinary general meeting (hereinafter “instant extraordinary general meeting”) and resolved to dismiss C from the president with the affirmative vote of 302 of the total voting number 304, and to select the Plaintiff as a new president (hereinafter “instant resolution”) with the affirmative vote of 301 of the total voting number 304.
Article 6 (General Meetings) The general meetings of clans shall consist of the general and extraordinary general meetings.
2. An extraordinary general meeting: