대표자등지위부존재확인
1. Of the instant lawsuit, the part of the claim for confirmation of the absence of the status of Defendant C and D shall be dismissed.
2. The plaintiff's defendants.
(b) the facts of the basis;
A. Defendant B’s clan (hereinafter “Defendant clan”) is an organization comprised of not less than 20 years of age among the descendants of the E, with the objective of protecting the number of the descendants, providing services for religious affairs, and managing and maintaining the property of the clan, and the Plaintiff, Defendant C, and D are the members of the Defendant clan.
B. The defendant clans established by the articles of association the "B Rules of the clans" (hereinafter "the Rules of this case"), but its main contents are as follows.
B The election of officers under Article 9 (Election of Officers) of the Final Regulations (Rules) shall be as follows:
*The Chairperson, Vice-Chairperson, Auditor, and Local Similar shall be elected at the ordinary meeting of shareholders.
* The Secretary shall be nominated by the President and shall be authorized at the ordinary meeting of shareholders.
Article 10 (Term of Office) The terms of office for officers shall be as follows:
* The term of office of the president, vice presidents, auditors, and local vice presidents elected at the regular meeting shall be two years in principle and may be renewed up to three times, as the case may be.
* General affairs to be elected by the Chairman shall correspond to the term of the designated authority, and the term of office of the adviser shall not be restricted.
Article 11 (Meeting) Meetings shall be categorized into the ordinary general meeting, the extraordinary general meeting, the executive meetings and the board of directors.
*The regular meeting shall be held on the first Sundays of September of both genders, and shall adopt a resolution for the ratification of matters concerning the appointment of executive officers, the final revision, the management of property, the report on the settlement of accounts, the budget approval, and the resolution on the extraordinary meeting.
* An extraordinary general meeting may, if necessary, be convened every year by the Korean Food Day and the Chairperson, and may adopt a resolution on major emergency matters of the clan, but must be ratified at the ordinary meeting.
C. Defendant C was elected as the president of the Defendant clan on September 2, 1991, and Defendant D was designated from Defendant C as the secretary of the Defendant clan.
70 members of the defendant clan were gathered on September 4, 2016, which is the opening date of the ordinary general meeting as stipulated in the instant regulations, in the Dong Population G, Young-si, the place of the ordinary general meeting. The plaintiff distributed some of the above members of the clan a notice of convening an extraordinary general meeting.