종중임시총회결의 무효확인
1. The Defendant’s dismissal of the Plaintiff from the Defendant’s president at the extraordinary general meeting of December 25, 2014, and C as the Defendant’s president.
1. Basic facts
A. The defendant is a non-corporate body organized for the purpose of protecting graves of a ship and conducting salving, etc. among descendants of B as adult male and female members.
B. On November 28, 2014, D sent to the Plaintiff, as the representative of the Defendant, who was the representative of the Defendant at the time, a written request to convene an extraordinary general meeting for the election of executives, etc., along with a list on which the seal of 92 seals exceeding 1/5 (451 in total) of Defendant Sejong (451 in total), are affixed.
C. On December 8, 2014, the Plaintiff sent to D an original copy of a list of persons who requested the convocation of an extraordinary general meeting, and sent a content-certified mail to promptly convene an extraordinary general meeting via the board of directors upon the request to attach a copy of the identification card of the person who requested the convocation.
Nevertheless, on December 15, 2014, D, a representative of the Plaintiff, convened an extraordinary general meeting on its own in response to the request for convening an extraordinary general meeting, and sent a notice of holding an extraordinary general meeting by registered mail to its members on December 25, 2014, stating that the Plaintiff, a representative of the Defendant, would hold an extraordinary general meeting.
E. On December 18, 2014, the Plaintiff again suspended D from convening an extraordinary general meeting, sent content-certified mail demanding D to send the list of the applicants for convening an extraordinary general meeting to the original copy with the seal of the written request for convening an extraordinary general meeting, and on December 22, 2014, D did not supplement the above requirements, and in fact, it was unclear whether the members agreed to convening an extraordinary general meeting, and sent content-certified mail demanding D to reconvene the request for convening an extraordinary general meeting in a lawful manner.
Nevertheless, D made a resolution to elect 12 members (39 members who delegated voting rights) as the Chairperson at an extraordinary general meeting held on December 25, 2014 by force to hold an extraordinary general meeting on December 25, 2014.
The above general assembly was held on December 25, 2014.