임시총회결의 무효확인
1. A resolution to appoint C as the president at an extraordinary general meeting held by the Defendant on November 11, 2016 shall be confirmed as null and void.
2...
1. Facts of recognition;
A. The defendant is a clan that is jointly created by DC 19 years of age, and the plaintiff is a clan member of the defendant as the descendants of E's 20 years of age F.
B. The Plaintiff was the chairperson of the Defendant from 2003 to 2014, and thereafter G was the chairperson of the Defendant, and due to the death of G, C, who was a vice-chairperson, was appointed as the chairperson of the Defendant through an extraordinary general meeting on November 11, 2016 (hereinafter “instant general meeting”).
C. On November 11, 2016, eight members of the instant general assembly attended and held at the H of the Asia-si. The minutes state as follows: “The president died and the vice president is acting on behalf of the president C, and the president must be elected as a member of the public library. The clan members elected the president of the present vice president as the vice president, and the vice president as the vice president, and accepted the vice president as a member of the clan who sought opinions against and against this.”
The defendant did not notify all family members of the convening of the general meeting of this case in advance.
[Ground of recognition] Facts without dispute, Gap evidence 1, 5, 7, Eul evidence 2, the purport of the whole pleadings
2. Where the members of a clan regularly gather at a certain place on a fixed date according to the rules or practices of the clans that determine the cause of their claim and are to handle the social affairs of the clan, it is not necessary to convene the general meeting of the clans, but otherwise, in convening the general meeting of the clans separately, each member shall be given an opportunity to participate in meetings, discussions, and resolutions by the general meeting of the clans by individually convening a notification for convening the general meeting of the clans, unless otherwise expressly provided for by the rules or practices of the clans, and there is no resolution of the general meeting
(see, e.g., Supreme Court Decisions 2009Da26367, Dec. 24, 2009; 2007Da34982, Sept. 6, 2007). According to the above facts, the general assembly of this case is one of the former president G who died during his term of office.