beta
(영문) 광주지방법원 2020.11.19 2019가합55458

종중총회결의무효확인 등

Text

1. Of the instant lawsuits, each of the resolutions listed in attached Tables 3, 4, and 6, expressed by the Defendant at the extraordinary general meeting of May 19, 2019.

Reasons

1. Basic facts

A. The defendant is a clan in which F's 14 years of age G is a joint ancestor and its descendants are members of the clan, and the plaintiffs are the members of the defendant.

The defendant has four questions, such as H, P(I), J, K, etc. under his jurisdiction.

B. Defendant’s rules, etc. 1) Defendant’s bylaws around February 2, 1997 (hereinafter “former rules”) (hereinafter “former rules”).

In relation to the election of the general assembly and officers of the defendant, the following provisions were provided. Article 6 (The clans have the following officers:

3. One chairperson;

4. A few vice-chairpersons;

9. Number of directors; 12. Not more than 30 representatives and the duties of the officers of the clan of this Article shall be as follows:

3.The president shall exercise overall control over the affairs of the clan and shall represent the clan and shall have the president and each standing director of the clan.

4. The vice-president shall assist the president, perform the external affairs, and act for the president in the order of the standing vice-president and vice-presidents;

8. The directors shall be composed of the board of directors and resolve on general meetings agenda items;

Article 8 (Representatives)

1. The delegates of this clan shall be appointed on the recommendation of each such clan.

2. After the end of the term of office of the representative, the new president shall determine the number of representatives in each strike, notify them in writing and appoint them upon recommendation, and reply to the list within one month from the clan;

3.The officers and directors of this clan shall have the right to participate in meetings of delegates.

Article 9 (Selection Method of Executives and Auditors)

1. Honorary presidents, presidents and auditors shall be elected by the delegates at an ordinary general meeting;

3. Directors shall be appointed by the Chairperson;

Each clan meeting of Article 11 shall be categorized into an ordinary general meeting, an extraordinary general meeting, and a board of directors.

An ordinary general meeting shall be held on February of each year.

Article 12 (Functions of Each clan) The functions of each clan shall be as follows:

1. A general meeting;

(a) Amendment to the Association Regulations;

(b) Appointment and dismissal of officers;

(d) Matters concerning the purchase and disposition of clan property;

2. Representatives’ meetings (special meetings) shall be the honorary president, the president, the auditor, and the Assembly.