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(영문) 수원지방법원여주지원 2015.11.12 2015가합792

종중총회결의무효확인

Text

1. Each resolution that the Defendant appointed D as the president at the ordinary meeting on November 21, 2014, and E and F as auditors is null and void.

Reasons

1. Basic facts

A. The defendant is a clan in which G 4 years of age H is a joint ancestor.

B. The provisions pertaining to this case in the articles of incorporation of the defendant clan are as follows.

Article 8 (Qualification and Election of Officers)

1.The Chairman and the Auditor of this Sub-Council shall be elected by the Assembly.

2. The requirements for the president shall be the regular members of not less than 5 years of age but not more than 70 years of age who are officers of not less than 55 and not more than 70 years of age, or who are deemed to meet the requirements for each clan, on the prescribed recommendation by the prescribed members, and who are deemed to meet the requirements for qualification of the clans, there shall be no civil or criminal penalty by a clan economic criminal, nor the legal history or loss of the clans and three persons, and they shall be deemed to have good social dignity and moral character and ability, such as not contrary to Article 33 (2) of Chapter 8;

Article 16 (Regular Sessions) The ordinary general meeting shall be held as follows:

1. Date of holding: To be held at the beginning of October every year;

2. Place for holding: K in the J of Gyeonggi-gun;

3. Formation of gender sources: A general meeting shall be held only with the number of members present at the front day of October, 199, which was the first day of October, in spite of some number of members.

Article 18 (Resolution) A general meeting of the plenary session shall adopt resolutions with the consent of a majority of the present members or more.

Article 37 Regulations on Election Management - Offices for which candidates are registered as provided for in Article 10 (Convocation of Committees for Election Management and Public Notice of Candidates) shall be registered only for the persons recommended in a letter of recommendation as provided for in Article 8-2 of the Articles of Incorporation from 15 to 30 days before an ordinary general meeting of shareholders in which an

- Article 11 (Examination of Registration) The Election Management Committee shall fully determine in advance the registration review of registered candidates pursuant to Article 8 of its Articles of Incorporation.

Article 16 (Public Notice of Candidates) The Election Management Committee shall, upon completion of the registration of a candidate, determine whether there is any objection to the provisions of paragraph (1) after determining whether there are more than the provisions of Articles 4, 6, and 8(2) of the Articles of Incorporation, and Article 13 of the Election Management Regulations, immediately in front of the members attending a general meeting.