대의원총회결의무효확인청구
1. On March 30, 2012, the Defendant confirms that a resolution made by the General Meeting of Representatives on the following agenda is null and void:
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1. Basic facts
A. (i) The defendant clan is a clan consisting of descendants who make a joint composition of E and 31 of its affiliated clans.
According to Articles 16 and 17 of the rules of the defendant clan, the chairperson of the board of directors determines the number of representatives in the form of the clan, selects representatives from among the clans, appoint members from among the clans, have qualifications for being appointed as representatives for at least three years, the term of office of representatives shall be three years, and the matters stated in the orders such as the election of officers shall be subject to a resolution of the general meeting of representatives.
The defendant clan has been approved as a representative by conducting a formal examination of qualifications pursuant to Article 17 of the Rules of the defendant clan for persons recommended by the clan as a representative. Accordingly, the fixed number of the representatives of the defendant clan is about 51 persons.
D. On March 30, 2009, the general meeting of the representatives of the defendant clan passed a resolution of election of F as the chairperson of the defendant clan on March 30, 2009, and F performed the duties of president from that time.
Around May 2009, G is the 21st representative of H H in the form of action; Plaintiff B is the 21st representative of the I-J meeting in the form of action; J is the 21st representative of K-J meeting in the form of action; Plaintiff A is the 21st representative of K-J meeting in the form of action; and Plaintiff A and L are the 21th representative of M-J meeting in the form of action.
B. The board of directors of the defendant clan denied the qualification of a representative on the ground that the plaintiff A and L were not entered in the same family register upon receipt of the above recommendation notice, and the person who was not listed in the same family register on May 8, 2009 adopted a resolution that he/she has the qualification of a representative to prove his/her relationship with the registrant as a certified family register copy, etc.
② On June 22, 2009, Plaintiff A filed a lawsuit seeking confirmation of the status of a representative against Defendant clan (Seoul Central District Court 2009Gahap70840).